ELR Citation: ELR 20283
No(s). 06-35683 (9th Cir. Nov 19, 2008)

The Ninth Circuit reversed a lower court's grant of summary judgment for defendants on landowners' negligence claim stemming from the sale of property containing a disused mercury mine, but affirmed the grant of summary judgment on the landowners' contribution, breach of contract, and fraud claims. Oregon's statute of repose does not render the negligence claim time barred. Accordingly, the claim should not have been dismissed. But the landowners' contribution claim could not be brought without remedial action having been initiated by a state environmental agency. In addition, the landowners did not produce evidence of the alleged falsity of statements made by the prior property owner, and the parol evidence rule was properly applied to find that the parties had reduced their entire agreement to writing and that no binding oral warranty existed.