Niecko v. Emro Marketing Company

The Nieckos (plaintiffs) bought Michigan property from Emro Marketing Company (defendant) that, due to its former use as a gas station, was contaminated with hydrocarbons requiring state-mandated cleanup; the sale contract stated the Nieckos had inspected the property, accepted it as-is, and assumed liability for any contamination-related damages. After spending $140,000 cleaning up the site, the Nieckos sued Emro, arguing state law did not permit Emro to contractually offload its cleanup liability onto them.