Laserfiche WebLink
r <br /> i. <br /> I manner as to release contaminants into the subsurface sail and <br /> 2 groundwater as alleged above, which subsurface contamination has <br /> 3 remained and continues to spread throughout the subsurface soil <br /> 4 and groundwater of the Togo's Property, lowering its value and <br /> 5 creating a need for investigation and remediation. <br /> 6 66. As a proximate result of the negligence of 'Defendants, <br /> 7 and each of them, City and FDIC have been harmed and injured in <br /> 8 that the subsurface contamination of the Togo's Property has <br /> 9 diminished its value and lessened its marketability. As a result <br /> 10 of such harm, City and FDIC have suffered damages in an amount <br /> 11 according to proof. <br /> 12 67. As a further proximateresultPf the negligence of <br /> 13 Defendants, and each of them, city and FDIC has incurred and will. <br /> 14 continue to innicur. investigation, testing, abatement, and ;remedial. <br /> 15 expenses in an amount according to proof. <br /> 16 FZFTg CALtBE OF ACTION FOR NZQ:t.GENGE PER SE <br /> 17 68. FDIC repeats and realleges each and every allegation <br /> 18 set forth in Paragraphs. 1 through 67, inclusive., of this <br /> 19 Complaint and incorporates them herein by reference of those set <br /> 201, forth in full. <br /> 21. 69 Defendants, and each of them, were obligated to comply: <br /> 22 with all applicable laws,. regulations, rales,. and orders of every <br /> 23 governmental agency 'having jurisdiction Over the Togo's Property <br /> 24 or, Exxon Property or the activities car uses conducted on the <br /> 25 Togo's Property or Exxon Property, including without limitation, <br /> 26 those relating to health, safety and environmental protection. <br /> 27 7o. Defendants failed to comply with statutes anti <br /> 214 regulations- relating to :health, safety and environmental <br /> --15- <br />