PHILADELPHIA – The owner of a Malvern property alleges the groundwater has been contaminated by solvents from a neighboring property and that its owner is liable for cleanup costs.
Frank King Jr., in his capacity as the executor of the estate of Frank R. King, filed a complaint on July 10 in the U.S. District Court for the Eastern District of Pennsylvania against B&P Realty Holdings Inc. citing the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and other counts.
According to the complaint, the plaintiff is in the process of developing a 3.69-acre property in Malvern for commercial use and the defendant owns an adjacent property.
The plaintiff alleges his environmental consultant discovered that there was a plume of groundwater that was contaminated by chlorinated solvents that have migrated from the defendant's property to his. He alleges he has incurred costs as a result of the release and/or threatened release of hazardous substances.
The plaintiff alleges the defendant is liable for response costs under CERCLA.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Diana A. Silva of Manko, Gold, Katcher & Fox LLP in Bala Cynwyd.
U.S. District Court for the Eastern District of Pennsylvania case number 2:19-CV-02995