Legal Opinion

Newell v. Weston

Court of Appeals of Oregon

Decided October 15, 1997No. 9212-08470; CA A89561PublishedCited by 19 opinions

1Opinion of the CourtLandau, J.

At issue in this case is whether a lessee of real property may be held liable for environmental remediation costs and other damages resulting from gasoline discharges and spills from an underground storage tank that occurred during the time that the lessee occupied the premises. Plaintiff, the lessor, contends that he is entitled to recover those costs from defendant, 1 the lessee, based on theories of statutory strict liability and breach of contract. The trial court concluded that plaintiff is entitled to recover from defendant his remediation costs under the strict liability statute, but…

2Cases cited24 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
  3. Whipple v. HowserOregon Supreme Court · 1981
  4. United States v. WardDistrict Court, E.D. North Carolina · 1985
  5. Illingworth v. BushongOregon Supreme Court · 1984

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3Cited by19 opinions

  1. Strader v. Grange Mutual InsuranceCourt of Appeals of Oregon · 2002
  2. Newell v. WestonCourt of Appeals of Oregon · 1998
  3. Purcell v. Asbestos Corporation, Ltd.Court of Appeals of Oregon · 1998
  4. Iowa Comprehensive Petroleum Underground Storage Tank Fund Board v. Shell Oil Co.Supreme Court of Iowa · 2000
  5. Strizver v. WilseyCourt of Appeals of Oregon · 2006

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