Kennedy Bldg. Assoc. v. CBS Corp., No. 07-3622

In an environmental case involving the clean-up of a contaminated site, a modified injunction stating that defendant-CBS has "substantially complied" with a Minnesota Decision Document and imposing no additional requirements on it is affirmed in part and vacated in part where: 1) the district court's decision was consistent with the prior mandate from the circuit court; 2) there was substantial evidence in the record that CBS completed the remediation required by the Decision Document, and thus there was no error in finding that no further relief was necessary under Paragraph 1 of the injunction; 3) denial of plaintiff's requests to increase the amount of a performance bond posted by CBS was proper; but 4) a denial of post-judgment response costs is vacated and remanded for further proceedings. 

Read Kennedy Bldg. Assoc. v. CBS Corp., No. 07-3622

Appellate Information

Submitted: October 15, 2008

Filed: August 18, 2009

Judges

Opinion by Judge Gibson