Laserfiche WebLink
1 caused and continues to cause special injury to City and FDIC in <br /> 2 that City and FDIC have incurred necessary expenses to test the <br /> 3 Togofs Property to ascertain. the natUM and extent of the <br /> 4 1 subsurface contamination. and to conduct necessary corrective <br /> 5 action and remediation. aictivities at the Togors Property to abate <br /> 6 the subsurface contamination. <br /> T 46. Defendants, And, each of thew, created the nuisance as <br /> 8 alleged above as a result of the unnecessary, unreasonable, and <br /> 9 injurious methods of operation of their businesses, including the <br /> to underground. storage tank systems:. <br /> 11 47.. Defendants, and each of them, have threatened to, and <br /> 11, will, unless restrained by this Court, continue to maintain the <br /> 13 nuisance by. failing: to 'remediate the damage, ;and each and every <br /> 14 failure to act has been#: and will be, without: the consent,., <br /> 15 against the will, and in violation of the rights of City and <br /> 17 48;:.; As a proximate result of the nuisance created by the <br /> 1,8' Def ftdants,. and each of them, City. and FDIC has. been.:, and will. <br /> 19 con <br /> tiinue to incur damages and costs necessary, among other <br /> 96 things, to complote the investigation and remediation of the <br /> :2:1 subsurface cObtaminatian. <br /> 22 4.9:.. As: a further proximate result of the nuisance,. the <br /> 23 value of the... Togo:s :property has 'been, diminished by, an amount to: <br /> 24 beproven alt trial,. Unless the nuisance is akrated, the Togoi`s <br /> 215 Property tai ll be progressively further diminished: in value <br /> 26 50.. Unless Defendants, and each of them, arae restrained. ..by. . <br /> 27 order of this: Court from continuing their none-responsive course <br /> 8 of conduct, it will be necessary, for FDIC' to :commence. many <br />