The appellant appealed the dismissal of its claim for damages against the City for groundwater contamination caused by road salt, which allegedly prevented the development of a medical office building with underground parking.
The trial judge rejected the appellant's evidence that it actually intended to build such a development and subsequently excluded the appellant's expert evidence, which was based on that rejected factual foundation.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's credibility findings, evidentiary rulings, or costs award.
