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P produces and sells liquid handling products for industry and agriculture. P conducted business on a tract of land known as 'Terra Site.' Between 1957 and 1969, P.R. Mallory, Inc. owned property adjacent to Terra Site, known as 'Mallory Site,' where Mallory operated a battery manufacturing facility. The batteries made by Mallory at that location contained polychlorinated [**3] biphenyls (PCBs). In 1969, the Mallory facility was destroyed by fire and was never rebuilt. P.R. Mallory was purchased by D and renamed Duracell International, Inc. P then purchased the Mallory Site from D in 1975. In 1986, the state and federal governments determined there was PCB contamination at the Mallory Site, which violated state and federal regulations. The EPA under CERCLA required P and D to implement a cleanup plan. D agreed to be responsible for the cleanup and to pay for the entire cost of remediation. During the cleanup, D's contractor discovered that Terra Site was also contaminated by the migration of PCBs from Mallory Site. D agreed to perform and pay for the cleanup of Terra Site as well. In June of 1992, P sold both Terra Site and Mallory Site at public auction. P sued D for loss of value to its real property in the amount of $830,000.00. P claimed damages based on an appraised value of $ 1.1 million for both sites, assuming no contamination, minus the auction sale price of $270,000.00. P also claimed additional damages of more than $3 million, plus the cost of a two-week shutdown when P was required to move its business to a new location because of the contamination. D counterclaimed for ½ the cost of the $25 million cleanup. The court granted D’s motion on all counts of P’s complaint. The court also entered summary judgment for P on D's counterclaim for unjust enrichment. P appealed.

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