Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Cannistra Realty LLC v. U.S. Envtl. Prot. Agency

Land Owner Must Pay $62,650 Penalty for Noncompliance With EPA Administrative Order

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Before the Court are cross-motions for summary judgment filed by: 1) Plaintiff/Counterclaim Defendant Cannistra Realty, LLC (“Cannistra”); and 2) Defendant/Counterclaim Plaintiff United States Environmental Protection Agency (“EPA”) and Defendants Michael S. Regan and Pat Evangelista, in their official capacities as EPA Administrator and Director of Region 2 of the EPA Superfund and Emergency Management Division, respectively (collectively, “Defendants”). (ECF Nos. 103, 110.) For the following reasons, Defendants’ motion is GRANTED and Cannistra’s motion is DENIED. I. BACKGROUND A. Facts The following facts are undisputed except where noted.1 1. The Cannistra Property In 1996, Cannistra purchased a parcel of real property, slightly smaller than one acre, located at 115-125 Kisco Avenue, Mt. Kisco, NY 10549 (the “Cannistra Property”). (P’s 56.1 Stmt. 1.) The Cannistra Property consists of a two-story building and a parking lot, which take up “essentially the entire parcel, such that there is virtually no undeveloped land at the site.” (Id.

1, 4.) Beginning on August 15, 2013, Cannistra signed a long term, exclusive lease with Tesla to rent out the property as a sales and service center (the “Tesla Dealership”). (Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Legal Expert in Commercial & Real Estate Litigation / Property Dispute Specialist - New York

Be the game-changer at a pioneering Queens/Brooklyn law collective, making strides in Commercial and Real Estate Disputes. Immerse yourself ...


Apply Now ›
Entry Level Attorney - White Plains - New York

White Plains Insurance Defense Firm of 60+ years is looking for an entry level or pending admission to NYS Bar attorney.The Firm focus is on...


Apply Now ›
Multiple Offices (Los Angeles, CA; New York, NY) Corporate/Music Associate

Description: Fox Rothschild LLP has an opening in multiple offices in our Entertainment and Sports Law Department for an Associate with Corp...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements