Unbeknownst to you, Uncle Leo D. Avinci; has left you as the sole beneficiary in his will. Besides an under performing portfolio of investments, he has left you a 20-acre piece of land on the waterfront of Cherry Creek in Chautauqua County in Western New York State.

Uncle Leo acquired the land in 1958 from Pelle Vineyards; who had previously bought it in 1932 from the McLaughlin Estate.

A posted fence separates the four quarter parcels of the premises. Eleven years ago, the posts and fencing surrounding the on the southeast quarter of the premises fell into disrepair and have served no useful purpose since that time.

On the southwestern quarter of the premises is the Chutn vna Vineyards managed by employee manager Catherine Zihal. Since 1946, the Caballo Container Company has used the back acre for oil and machinery fluid disposal in the pit area.

On the northeast and northwest quarters of the property is an educational conference center and resort managed by employee manager Kathryn McHugh. The facility has a self-park take your keys lot for visitors and safe-deposit boxes available for storage, available at a fee.

On the southwest quarter is a shack that Richard Repugnat has been using without permission since 2015.Uncle D. Avinci was aware of it but did nothing about it despite promising himself to kick the guy off the property.

With the good news of inheritance comes the baggage of property ownership.

First, the Environmental Protection Agency just filed a federal complaint naming the Caballo Container Company, you, the Estate of Leo D. Avinci, Pelle Vineyards and the McLaughlin Estate as defendants in an environmental law action for breach of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as their tests showed that for fifty years toxic carcinogens have been deposited and remained on the property. The EPA cleaned up this issue at a cost of $58 million.

Second, the Siarkowicz Nurseries, located adjacent to the property, have now filed a common law claim of nuisance and trespass action in Supreme Court, Niagara County for pollutants against the Caballo Container Company, you, the Estate of Leo D. Avinci and Pelle Vineyards that have adversely seeped into their property. They seek damages of $2 million.

Third Richard Repugnant has now filed an Adverse Possession lawsuit in in Supreme Court, Niagara County seeking title to the entire southwest quarter of your property.

Fourth, a class action lawsuit has been brought against the resort center staff for past and ongoing access to hospitality training programs by male employees, who allege that Kathryn McHugh denies male employees access to such programs based upon blatant gender discrimination.

1. Define the elements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Your answer should provide an explanation as to what liability, if any, you and the other named parties face in this action as well as explain whether the defense of mitigation of damages is available to you and your co-defendants.
2. Define what common law nuisance is and what legal exposure, if any, you have to the claims of the Siarkowicz Nurseries for their alleged damages.
3. What is Adverse Possession; what must Richard Repugnant establish against you to succeed in his Adverse Possession claim and will you lose the southwest quarter of your property to him. What corrective steps can you take to defend your interests against this or future claims?
4. Define what elements must be established for the male resort employees to make a prima facie case against the resort under the disparate treatment theory of liability under Title VII of the Civil Rights Act?

Answer rating: 100% (QA)

CERCLA enacted in 1980 aims to address hazardous waste sites It holds liable parties responsible for ... View the full answer