Plans for a mega-mall centered around property already being used for an oil terminal. The developer went after the land, and government officials agreed to condemn the terminal.
Forced to relocate, the oil company also began an $8 million remediation project to return the condemned land to its original condition.
But soon the government, on behalf of the developer, sued in state court to shorten the normal ten-year process to one year. That could have increased costs fivefold.
Stepping in for the oil company, Beveridge & Diamond, P.C. slowed down the process the developer wanted to speed up.
We countersued in federal court, had much of the state suit dismissed, and invited the state regulatory agency into the remediation process.
The strategy worked, and the developer sought to settle. Under the agreement, our client gave the land to the developer, who assumed cleanup responsibility — saving the oil company millions.