The plaintiff brought a summary judgment motion to enforce a settlement agreement resolving long-standing environmental contamination litigation.
The defendant had failed to pay the agreed settlement funds, relinquish its claim to trust funds, or permit the plaintiff access to install a barrier to stop the migration of contaminants.
The court found no exceptional circumstances to set aside the settlement, which was negotiated with counsel, environmental advisors, and a mediator.
The court ordered the defendant to pay the settlement amount of $685,000, declared it had no right to the trust funds, and awarded $117,670 in damages for costs incurred due to the defendant's breach.
