Acme Laundry Co., Inc. V Secretary Of Environmental Affairs

575 N.W.2d 1086 (Mass. 1991)

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Nature of the Case

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Facts

Acme Laundry (Acme I) operated a laundry business from 1916 to 1985. In February 1986, it contracted to sell the property where it had conducted laundry business. Acme I conveyed twelve parcels of land to Acme II. The prospective purchasers examined the site for contamination, and it was discovered that there was a serious leak of No. 6 fuel oil from an underground storage tank. The ground was contaminated. Acme II was notified of the liabilities to the State. In April 1987 Acme III was formed, and Acme II conveyed all uncontaminated property to Acme III. In November 1987, The State recorded a lien against the Acme III property. Acme III filed an action to declare that the lien on the Acme III property is invalid because no costs for the assessment, containment, and removal of hazardous materials had been incurred.