C.A. 1st;
A145516

The First Appellate District reversed in part a judgment. In the published portion of its opinion, the court held that the 10-year statute of repose for construction defects did not apply to claims of nuisance and negligence based on a prior property owner's alleged contamination of soil and groundwater during the storage of fuel on the site.

From 1925 to 1980, Shell Oil Company used a parcel of property as a fuel distribution terminal. It sold the property in 1980. After changing hands several times, the property was purchased in 2993 by developers who built condominiums on the site. Beginning in 2010, a homeowners' association and various individual homeowners sued the developers, Shell and others for damages resulting from the contamination of both soil and groundwater at the site.