Consider: Tanglewood case 7
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Filed: July 28th, Precedential Status: Precedential. Citations: F. Docket Number: Lee, Jr. Craig D. Ball, Timothy F. In this cause we granted an interlocutory appeal under 28 U. Finding no error in that ruling, for the reasons assigned we affirm. For purposes of the pending motion, we accept as true the allegations of the complaint. The other defendants against whom appellees have complained are residential developers, construction companies, and real estate agents and agencies. tanglewood case 7
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Tanglewood case 7 complainants-appellees are owners of property in that subdivision. The subdivision was built on the site upon which the United Creosoting Company operated a wood-treatment facility from to During that quarter century substantial amounts of highly-toxic waste accumulated on the property. In certain of the defendants acquired the property, filled in and graded the creosote pools, and began residential development.
InTanglewood homeowners and residents complained to Texas authorities about toxic problems and all development ceased. The cleanup, expected to cost millions of dollars, will require the demolition of six homes and the construction of bunkers to contain the hazardous materials. The defendants filed a joint motion to dismiss under Fed. The district court denied the motion but certified its ruling under 28 U. First Federal sought and secured our approval of an interlocutory appeal. When a motion to dismiss challenges both the court's jurisdiction, 12 b 1and the existence of a federal cause of action, 12 b 6the Bell v. Hood 1 standard is applied tanglewood case 7 the motion is treated "as a direct attack on the tanglewood case 7 of the plaintiff's case. Tucker, F. In reviewing such a 12 b 6 motion, we accept as true all well-pled allegations, resolving all doubts in favor of the complainants.
Such a motion will be granted only if "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.]
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