Mayor and Council v. Klockner & Klockner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• dismissing tenant’s private nuisance claim against landlord because the nuisance was on the very same property as opposed to an “adjoining” property
• finding “the Spill Act, as amended, permits a private cause of action against responsible parties to recover clean-up costs”
• holding a private right of action is permitted
• whether government's efforts have been sufficient and whether ERA action can proceed are \fact-specific\ questions
• “It would be inappropriate at this early stage in the litigation to deprive [plaintiff] of the opportunity to pursue common law claims.”
• plaintiffs mistake presenting contribution claim under common law was not fatal to its right to pursue it under JTCA, because allegations provided defendant fair notice of nature of claim and there is no requirement that count refer specifically to its statutory basis

Source: CourtListener parenthetical corpus (CC0).