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PARKS HIWAY ENTERPRISES, LLC v CEM LEASING, INC Click to find out why . . .



Keywords & Phrases
CourtCode: SU, CourtName: Superior Court, District: Fourth, JudgeName: Dale Curda, Plaintiff: PARKS HIWAY ENTERPRISES, LLC, State: AK Alaska, UniqueCaseRef: AK>SU>90, Petroleum Sales, Strict Liability, Parks Hiway, Endnote, Alaska, Summary Judgment, Common Law, Carboys, Limitations, Tort, Real Property, Statute, Damages, Materials, Private Nuisance, Negligence, Sales Asserts, Ust, Statutory Strict Liability, Transportation, Impose Strict Liability, Gold Hill, Hazardous Substance, Material Fact, Ultrahazardous Activity, Contamination, Refined Oil , ContentID: 120239530

Case Documents
1 1997-12-16 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA Iäÿ¾Xÿ¾X
[ see first page and extracted highlights below  ] ItemID: 100033
16 pages
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Total Documents: 1 document , 16 pages
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1 . IN THE SUPERIOR COURT FOR THE STATE OF ALASKA Iäÿ¾Xÿ¾XÿÄ$

EXTRACTED KEY WORDS
STRICT LIABILITY
PARKS HIWAY
COURT
ENDNOTE
ALASKA
SUMMARY JUDGMENT
COMMON LAW
CARBOYS
LIMITATIONS
TORT
REAL PROPERTY
STATUTE
DAMAGES
MATERIALS
PRIVATE NUISANCE
NEGLIGENCE
SALES ASSERTS
UST
DEFENDANTS
STATUTORY STRICT LIABILITY
TRANSPORTATION
IMPOSE STRICT LIABILITY
GOLD HILL
HAZARDOUS SUBSTANCE
PLAINTIFF
MATERIAL FACT
ULTRAHAZARDOUS ACTIVITY
CONTAMINATION
REFINED OIL
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

FOURTH JUDICIAL DISTRICT AT BETHEL

 

PARKS HIWAY ENTERPRISES, LLC, Plaintiff,

vs.

CEM LEASING, INC., JAMES E.

WEYMILLER, STEVEN C. WINQUIST,

and PHILLIP M. TANNEHILL,

individually and operating as

"PETROLEUM SALES, INC.,"

	Defendants.

___________________________________

PETROLEUM SALES, Third-Party Plaintiff,

vs.

PHILIP J. CARBOY and

GENEVIEVE T. CARBOY, Third-Party Defendants.
SNIPPETS:
  • IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
  • PARKS HIWAY ENTERPRISES, LLC, Plaintiff,
  • PETROLEUM SALES, Third-Party Plaintiff,
  • GENEVIEVE T. CARBOY, Third-Party Defendants.
  • DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
  • statute of limitations, statutory strict liability, common law strict liability, tort for
  • Parks Hiway owned the real property known as Northstar Center located at 3022 Parks
  • NSC's western boundary abutted the real property known as Gold Hill Liquor and Grocery Store
  • Such information included registration numbers, proof of financial responsibility, and proof
  • Carboys did not comply with UST reporting requirements.
  • In March 1993, Gary Shirley [endnote #2] agreed to sell NSC to Allvest, Inc..
  • This assessment resulted in a December 1993 finding of potential contamination and a
  • Evidence establishing the existence of a question of a material fact must be produced.
  • of this section, the exception set out in of this section, and the limitation on liability the state, a municipality, or a village, and the costs of projects or activities that are delayed
  • In an action to recover damages or costs, a person otherwise liable under this section is
  • Third, 822does not impose liability because gasoline falls into the statutory exception for
  • Petroleum Sales asserts it is not liable because at the time of release of gasoline from
  • the court holds AS 46.03.822 does not impose strict liability on Petroleum Sales.
  • Parks Hiway alleges Petroleum Sales is strictly liable at common law because it engaged
  • Courts have repeatedly rejected nuisance claims asserted against vendors of hazardous
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