Café Ruche lawsuit falls short, owner found liable for $80K in damages
"The losers in this case are the people of the town of
Chopin filed suit against the town and former landlords,
The suit claimed the town and property managers had failed to file any reports with the state
On
"All environmental issues have been addressed and we perceive no environmental liability," the 1991 report from Langan Environmental said.
These findings were later corroborated by follow-up environmental studies conducted in 2000 and 2009, the court found.
"The evidence shows clearly that both parties had good cause to believe -- and did believe -- that whatever UST (underground storage system) had been installed on the property had been removed or properly closed," Truglia wrote.
Furthermore, the courts found that Chopin's contractor was responsible for the oil spill and, as a result, she was her liable for all damage-related and remediation costs.
"Essentially, these actions caused the premises to be partially untenantable for several months and required Paragon to expend funds for investigation, testing, remediation and removal of potentially contaminated soil and concrete," Truglia wrote.
First Selectwoman
"We are pleased with the court's comprehensive decision, which should put this matter to rest," Vanderslice said.
In the months leading up to the trial, the parties involved in the lawsuit were involved in mediation discussions, during which a settlement was offered to Chopin. Vanderslice said the town was "confident" in its legal position; however, "in light of the cost of litigation," the town considered the offer to be prudent.
Chopin, however, called the settlement offer "insultingly low," and refused it.
She now has until
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