United States Ninth Circuit
Redevelopment Agency of the City of Stockton v. BNSF Railway Company, 09-16585
In a dispute involving defendant-railroad company's liability for the contamination of adjoining property under California's Polanco Redevelopment Act, Cal. Health and Safety Code section 33459 et. seq., or the common law of nuisance, judgment of the district court is affirmed where court properly granted summary judgment on the Polanco Act-CERCLA claim, but reversed with respect to summary judgment against defendant on the nuisance and Polanco Act-Water claim.
Appellate Information
- Decided 06/28/2011
- Published 06/28/2011
Judges
- TALLMAN
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- William D. Brown, Morgan Gilhuly