Opinion · Supreme Court of the United States
Tocco v. New Jersey Council on Affordable Housing
Tocco v. N.J. Council on Affordable Hous., 499 U.S. 937 (1991)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1991-03-25
- Topic
- general
How later courts describe this case
- holding dismissal of plaintiffs claim is appropriate where complaint contains only eonclusory allegations of a violation of a Constitutional right
- allowing recovery of attorneys' fees and litigation costs by private party CERCLA plaintiff
- complaints based on violation of constitutional right must contain more than conclusory allegation to avoid dismissal
- plaintiff, a former owner of the site, entered into consent decree with state agency and others to cleanup a site prior to plaintiffs section 107(a) claim against another PRP
- plaintiff, a former owner of a site, entered into a consent decree with a state agency and others to clean up a site prior to plaintiff's § 107(a) action against another PRP
- input of the Missouri Department of Natural Resources (MDNR
- NCP specifically contemplates excavations as appropriate removal actions
- listing eases on both sides of controversy
Citator
UpLaw has not yet analyzed Tocco v. New Jersey Council on Affordable Housing. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 115 opinions
Super. Ct. N. J., App. Div. Certiorari denied.