CHARLESTON -- A Tennessee company has filed suit against a Charleston resident, alleging he failed to disclose underground storage tanks and contaminated soil when he sold it property.
NU Rentals claims it bought land from Gary Lee Chandler on Sept. 20, 2007, according to a suit filed in federal court.
When Chandler sold the company the land, though, he never disclosed the fact that there were underground tanks at the site or that they were contaminating the soil, the suit states.
NU Rentals claims it only discovered the tanks and contamination after it bought the property.
"Upon discovery of the underground storage tank and resulting soil contamination, NU Rentals was required to take corrective action in order to comply with applicable environmental standards, and thus began removing the remaining underground storage tanks and excavating the contaminated soil," the suit states.
The company claims Chandler knew about the underground tanks because he purchased five of them from Texaco, which formerly owned the property, in 1983.
In his letter to Texaco, Chandler agreed to accept full responsibility for the tanks, according to the complaint.
Chandler later attempted to remove the underground tanks, but one was too heavy, so it filled it with sand and let it sit in the ground, the suit states.
NU Rentals claims that it has suffered property damage, in addition to the costs necessary to take corrective actions.
NU Rentals claims Chandler is responsible for clean-up activities and that he made a material misrepresentation when he failed to inform the company of the tanks.
NU Rentals is seeking unspecified compensatory, incidental and consequential damages, attorney's fees and other relief the court deems proper.
It is represented Kenneth E. Webb, Leonard B. Knee and Greg S. Foster of Bowles, Rice, McDavid, Graff & Love in Charleston.
U.S. District Court case number: 2:08-1128