September 09, 2024
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail motor fuel facility (“Facility”).
See Case No. 60-CV-24-7120.
Morris alleges that fuel released from an underground storage tank (“UST”) on the Facility caused groundwater contamination on their property.
Morris names as Defendants:
- JMT One Stop Inc.
- Joo Bong Park.
- YB Investments, LLC.
Morris alleges the following Causes of Action:
- Negligence.
- Trespass.
- Nuisance.
- Arkansas Solid Waste Management Act Private Right of Action.
The Complaint alleges that Morris is entitled to one of the following in terms of damages:
- Damages for the reasonable expense and necessary repair, restoration, and remediation of the Morris property to pre-release conditions, plus the difference in value of the Morris property before the discovery of contamination and the value after remediation of the property; or
- Damages for the difference in the fair market value of the Morris property, and improvements thereto, before and immediately after discovery of contamination emanating from the Facility to the Morris property.
Additional damages requested include:
- Applicable rental values caused with the contamination.
- Loss of use and enjoyment of the property.
- Damages for the deprivation of the true worth and value of their properties, including discomfort, annoyance, disruption, inconvenience, loss of peace, mind, fear, and fright.
- Punitive damages.
A copy of the Complaint can be downloaded here.
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