A state appeals court has ruled that a draft settlement between an operator of convenience stores and gas stations and the New Jersey Department of Environmental Protection concerning cleanup of groundwater contamination at 54 properties was not a binding contract.

Cumberland Farms Corp. claimed that a June 2007 email it received from a DEP official concerning contamination at its properties was an enforceable settlement agreement. But the company failed to respond to the email for several years before it filed suit to enforce the settlement, according to a Nov. 2 decision.

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