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Bank Not Liable For Auction Sale of Contaminated Property

By Lawrence Schnapf, Principal, Schnapf LLC In Lusk v First Century Bank, 2012 W. Va. LEXIS 241 (Sup. Ct. 4/27/12) , the plaintiff/petitioners purchased a commercial property at an auction foreclosure sale. The Notice of Trustee's Sale and Regency's advertising notice stated that the sale...

West Virginia Gets Serious About Liability Barriers To Brownfield Revitalization

By Dianne Saxe, Ontario Environmental Lawyer West Virginia is getting serious about brownfield revitalization in a way no Canadian jurisdiction has done. In April, they adopted a West Virginia Land Stewardship Corporation Act , to come into effect July 12, 2013. It will meaningfully address the key...