Legal Opinion

JDN Properties, LLC v. Vanmeter Enterprises, Inc.

Indiana Court of Appeals

Decided September 19, 2014No. 43A05-1312-PL-586PublishedCited by 3 opinions

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

JDN Properties, LLC, (“JDN”) appeals the trial court’s grant of summary judgment in favor of VanMeter Enterprises, Inc. (“VEI”). We reverse and remand.

Issue

The sole restated issue before us is whether there is any evidence VEI caused or contributed to ground pollution in land that VEI sold JDN, as required to support JDN’s claim against VEI under Indiana’s Environmental Legal Actions (“ELA”) statute.

Facts

In 1988, Farm Tech, Inc., sold land to VEI located in Warsaw. J. Brock VanMe-ter, Sr., was the president of Farm Tech as well as the sole shareholder,…

2Cases cited5 opinions

  1. Reed v. ReidIndiana Supreme Court · 2012
  2. Cooper Industries, LLC v. City of South BendIndiana Supreme Court · 2009
  3. Neal v. CureIndiana Court of Appeals · 2010
  4. Wathen v. Greencastle Skate Place, Inc.Indiana Court of Appeals · 1993
  5. Peniel Group, Inc. v. BannonIndiana Court of Appeals · 2012

3Cited by3 opinions

  1. 5200 Keystone Ltd. Realty, LLC v. Filmcraft Laboratories, Inc.Indiana Court of Appeals · 2015
  2. 5200 Keystone Limited Realty, LLC v. Filmcraft Laboratories, Inc., Eric J. Spicklemire, Portrait America, Inc., A.C. Demaree, Inc., Clean Car, Inc., and The Wax Museum & Auto Sales, Inc.Indiana Court of Appeals · 2015
  3. Estate of Walter E. Williams v. BorgWarner Morse TEC Inc., Chuck Markey, Markey's Audio Visual, Inc., and D&E Enterprises v. George F. KopetskyIndiana Court of Appeals · 2018

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