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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46991 Justice Davis PLAINTIFF MUNICIPAL water district, owner of wells supplied exclusively by groundwater from an aquifer, sought damages and injunctive relief, claiming that certain spills at Shell, Exxon/Mobil and Gulf gasoline stations released fuel containing the additive methyl tertiary-butyl ether into the groundwater. Claiming that plaintiff lacked standing to sue, defendant oil companies sought dismissal of plaintiff’s amended complaint. Referring to a May 22, 2002 order, the court rejected, as law of the case, defendants’ assertion that plaintiff’s right or interest in the affected water was only usufructory in nature because it had not appropriated the water for its own use. Although the court found that plaintiff demonstrated the existence of an actual property dispute and that discovery was necessary to determine whether the threatened injuries were real, the court dismissed defendant Chevron USA Inc. The record demonstrated Chevron’s lack of control or ownership of a gasoline station that it sold to an unaffiliated defendant.

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