Mealey's Toxic Tort/Environmental - Appeals Court: Man's Misrepresentations About Tank Ownership Defeat Defense

PHOENIX - An Arizona man's misrepresentations about his ownership of an underground storage tank (UST) that leaked gasoline, thereby requiring the tank's removal and remediation of the property, defeated his argument that a lawsuit brought against him by the Arizona Department of Environmental Quality (ADEQ) was barred by res judicata, a state appeals court panel held July 22 (State of Arizona ex rel. Henry R. Darwin v. William M. Arnett, et al., No. CA-CV 13-0420, Ariz. App., Div. 1; 2014 Ariz. App. LEXIS 125).

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