Supreme Court Denies Transfer in Elkhart Foundry Case

By Don Snemis, Ice Miller LLP

In Elkhart Foundry & Machine Co., Inc. v. City of Elkhart Redevelopment Commission for the City of Elkhart, 112 N.E.3d 1123 (Ind. Ct. App. 2018), the Indiana Court of Appeals found that IC 34-11-2-11.5 provides a 10-year statute of limitations for claims under Indiana’s Environmental Legal Action statute, IC 13-30-9-1 et seq., and that the limitations period commences when cleanup costs are incurred.  On March 4, 2019, the Indiana Supreme Court denied the appellant’s petition to transfer by a 3-2 vote, leaving the Court of Appeal’s opinion intact.

Read the full opinion here.

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