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Tuesday, April 7, 2020

Owners of Taco Bell property in Delaware allege nearby dry cleaning business has contaminated site


By Bree Gonzales | Nov 15, 2018

Law money 13

WILMINGTON, Del. (Legal Newsline) – The owners of a property in Delaware where a Taco Bell restaurant is located allege that contamination from a nearby dry cleaning business has diminished the site's property value.

Delaware Restaurants LP and Concord Pike Associates LLC filed a complaint on Oct. 30 in the U.S. District Court for the District of Delaware against Talleyville Econ-O-Wash Inc. and Steve Kim, doing business as Royal Cleaners, citing the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Delaware's Hazardous Substance Cleanup Act (HSCA).

According to the complaint, the plaintiffs own and/or lease a Taco Bell restaurant and parking lot on Concord Pike in Wilmington and Talleyville owns property adjacent to the site where Kim operates a dry cleaning business.

The plaintiffs allege that data collected from the Taco Bell site shows compounds associated with dry cleaning chemicals are impacting the soil and groundwater near the site. The suit states the plaintiffs have and/or will incur costs to remediate the alleged contamination and that the contamination has also diminished the property value.

The plaintiffs allege Talleyville Econ-O-Wash Inc. and Kim are liable for response costs under CERCLA and HSCA.

The plaintiffs seek an amount of more than $50,000. They are represented by Leslie B. Spoltore of Obermayer Rebmann Maxwell & Hippel LLP in Wilmington, Delaware.

U.S. District Court for the District of Delaware case number 1:18-cv-01707-CFC

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Organizations in this Story

U.S. District Court for the District of DelawareObermayer Rebmann Maxwell & Hippel LLP