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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

SOUTH BEND DIVISION 

CITY OF SOUTH BEND, INDIANA ) 

and SOUTH BEND REDEVELOPMENT ) 

COMMISSION, ) 

 ) 

 Plaintiffs, ) Case No. 3:16-cv-00440 

 ) 

 vs. ) 

 ) 

SPIN TECHS INCORPORATED, MICHAEL ) 

MYERS, DONNA MYERS, YOUNG O. WON, ) 

JONG HEE WON, CHAN HEE WON, ) 

SHERMAN’S QUALITY CLEANERS, INC., and ) 

SPS REALTY CORPORATION, ) 

 ) 

 Defendants. ) 

 

COMPLAINT FOR DAMAGES AND DECLARATORY JUDGMENT 

Plaintiffs the City of South Bend, Indiana and the South Bend Redevelopment 

Commission (collectively “South Bend”) bring this complaint for damages against defendants 

Spin Techs Incorporated, Michael Myers, Donna Myers, Young O. Won, Jong Hee Won, Chan 

Hee Won, Sherman’s Quality Cleaners, Inc., and SPS Realty Corporation. South Bend has 

identified environmental contamination, including the presence of perchloroethylene, which 

originated from the dry cleaner located at 702 W. Indiana Avenue in the city of South Bend 

during its operations between 1958 and the present. South Bend seeks damages associated with 

the environmental investigation and cleanup of those hazardous substances that have been 

detected on or beneath properties in the vicinity of and/or hydrologically downgradient from 702 

W. Indiana Avenue. 

 

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I. JURISDICTION AND VENUE 

1. South Bend brings this action pursuant to Section 107(a) of the Comprehensive 

Environmental Response Compensation and Liability Act, 42 U.S.C. § 9607(a) (“CERCLA”), 

for past costs incurred and future costs to be incurred by South Bend in responding to releases of 

hazardous substances (“CERCLA Claim”). This action further requests declaratory judgment 

against the defendants under 28 U.S.C. § 2201 and Federal Rule of Civil Procedure 57. The 

CERCLA Claim and request for declaratory judgment pose federal questions; therefore, this 

Court has jurisdiction pursuant to 28 U.S.C. § 1331. 42 U.S.C. § 9613(b) also provides the 

United States district courts with exclusive jurisdiction over all controversies arising under 

CERCLA, except in certain limited circumstances not present here. 

2. South Bend also brings this action pursuant to Section 2 of Indiana’s 

Environmental Legal Action Statute, Ind. Code § 13-30-9-2 (“ELA”), for past costs incurred and 

future costs to be incurred by South Bend in responding to the release of hazardous substances 

(“ELA Claim”). The ELA Claim is related to the CERCLA Claim so that it forms part of the 

same case or controversy; therefore, this Court has supplemental jurisdiction over the ELA 

Claim pursuant to 42 U.S.C. § 1367(a). 

3. Venue is proper in this judicial district under 42 U.S.C. § 9613(b) and 28 U.S.C. 

§1391 because the site at issue is located in this Court’s district and division and the releases or 

threatened releases of hazardous substances that give rise to the claims in this action occurred in 

this Court’s district and division. 

II. PARTIES 

4. Spin Techs Incorporated (“Spin Techs”) is an Indiana corporation with its 

principal place of business in South Bend, Indiana. 

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5. Michael and Donna Myers, husband and wife, are residents of South Bend, 

Indiana. 

6. Young O. Won is a resident of Granger, Indiana. 

7. Jong Hee Won is a resident of Granger, Indiana. 

8. Chan Hee Won is a resident of Granger, Indiana. 

9. Sherman’s Quality Cleaners, Inc. (“Sherman’s Cleaners”) is an Indiana 

corporation, with its principal place of business in South Bend, Indiana. 

10. SPS Realty Corporation (“SPS”) is an Indiana corporation, with its principal place 

of business in South Bend, Indiana. 

III. FACTUAL BACKGROUND 

A. Sherman’s Cleaners 

11. The property located at 702 W. Indiana Ave. (the “Sherman Site”) was purchased 

by Philip Sherman in June, 1956. 

12. The Sherman Site was transferred from Philip Sherman to SPS in August, 1956. 

13. Philip Sherman, along with his brother Hyman Sherman, his sister Rose Purey, 

and his brother-in-law Jack Purey, started a dry cleaning business at the Sherman Site in or 

around 1958. 

14. The Shermans and the Pureys operated the dry cleaning business as Sherman’s 

Quality Cleaners, Inc., sometimes referred to simply as Sherman’s Cleaners, from 1958 to 1984. 

During that time, SPS continued to own the Sherman Site. 

15. Philip Sherman, Hyman Sherman, Rose Purey, and Jack Purey are now deceased. 

 

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B. Wons’ Ownership 

16. In 1984, the Sherman Site was transferred from SPS to Young O. Won, Jong Hee 

Won, and Chan Hee Won (the “Wons”). 

17. The Wons continued to operate a dry cleaning business at the Sherman Site until 

approximately 2005. 

18. During the Wons’ ownership, the dry cleaning business at the Sherman Site 

continued to bear the name “Sherman’s Cleaners” and/or “Sherman’s Quality Cleaners.” 

C. Spin Techs 

19. In 2005, the Sherman Site was purchased by the Myers, who are husband and 

wife. 

20. The Myers continue to operate a laundry-related business at the Sherman Site 

under the name Spin Techs Incorporated. 

D. South Bend’s Remediation Efforts At and Around the Sherman Site 

21. The Sherman Site is in the vicinity of and/or hydrologically upgradient from 

several parcels of land South Bend has purchased over the years as part of its effort to revitalize 

the core of its city and return the properties to productive use (the “South Bend Properties”). 

22. As part of those efforts, South Bend analyzed the environmental releases on and 

around the South Bend Properties and discovered significant environmental releases impacting 

soils, groundwater and other media in the area. Due to the extensive nature of the environmental 

reports and related documents, they are not attached to this Complaint. They are available for 

inspection and copying and will be made a part of the record during the course of this action. 

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23. South Bend has determined that the environmental contamination in the soils, 

groundwater and other media at the South Bend Properties originated with the dry cleaning 

operation located at the Sherman Site between 1958 and the present. 

24. The contamination includes significant amounts of perchloroethylene (“PCE”), a 

chemical solvent used in the dry cleaning process that poses a risk to human health and the 

environment, causes significant property damage, and requires remediation when it is detected 

above certain levels in soils, groundwater, and other media. 

25. The South Bend Properties are in the vicinity of and/or hydrologically 

downgradient from the Sherman Site. 

26. PCE was deposited in the soil and groundwater of the impacted South Bend 

Properties during the defendants’ ownership and/or operations at the Sherman Site. The 

substances have remained there after defendants ceased ownership and/or operation of the dry 

cleaners at the Sherman Site, and those substances continue to cause property damage, including 

to the South Bend Properties. 

27. South Bend has performed a significant amount of environmental site 

investigation to characterize, delineate and address the contamination left behind by the 

defendants. However, additional investigation and response activities are necessary to satisfy the 

regulatory agencies with jurisdiction over the South Bend Properties. 

IV. COUNT I: COST RECOVERY UNDER CERCLA SECTION 107 

28. South Bend incorporates the allegations contained in paragraphs 1 through 27 of 

this Complaint as though fully set forth herein. 

29. The Sherman Site is a “facility” within the meaning of Section 101(9) of 

CERCLA , 42 U.S.C. § 9601(9). 

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30. Each of the defendants is a “person” within the meaning of Section 101(21) of 

CERCLA, 42 U.S.C. § 9601(21). 

31. Releases and threatened releases of hazardous substances have occurred at and 

from the Sherman Site into the environment. 

32. The defendants stored, located and used “hazardous substances”—within the 

meaning of Section 101(14) of CERCLA, 42 U.S.C. §9601(14) —at the Sherman Site. 

33. The Myers currently own the Sherman Site and operate a laundry-related business 

there as Spin Techs Incorporated. 

34. Young O. Won, Jong Hee Won, and Chan Hee Won owned the Sherman Site and 

operated a dry cleaner there at the time of disposal of hazardous substances. 

35. Sherman’s Quality Cleaners, Inc. operated a dry cleaner at the Sherman Site at the 

time of disposal of hazardous substances. 

36. SPS Realty Corporation owned the Sherman Site at the time of disposal of 

hazardous substances. 

37. South Bend has incurred necessary costs of response that are consistent with the 

U.S. Environmental Protection Agency’s National Contingency Plan as a result of the release of 

hazardous substances at and/or from the Sherman Site. 

38. South Bend will continue to incur necessary costs of response as a result of the 

release of hazardous substances at and/or from the Sherman Site. 

39. The defendants are liable to South Bend under Section 107(a) of CERCLA, 42 

U.S.C. §9607(a), for any and all response costs incurred or to be incurred by South Bend as a 

result of the release or threatened release of hazardous substances at and from the Sherman Site. 

 

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V. COUNT II: LIABILITY UNDER THE INDIANA ELA 

40. South Bend incorporates the allegations contained in paragraphs 1 through 39 of 

this Complaint as though fully set forth therein. 

41. Pursuant to Section 2 of Indiana’s Environmental Legal Action Statute, Ind. Code 

§13-30-9-2, South Bend may bring an environmental legal action against a person who caused or 

contributed to the release of a hazardous substance into the surface or subsurface soil or 

groundwater that poses a risk to human health and the environment to recover reasonable costs 

of a removal or remedial action involving the hazardous substances. 

42. During the course of the defendants’ ownership of the Sherman Site and operation 

of the business thereon, the defendants caused and/or contributed to the release of hazardous 

substances, including but not limited to PCE, into the surface and subsurface soil and/or 

groundwater at, below, and/or adjacent to the Sherman Site. Hazardous substances, including but 

not limited to PCE, are present in the surface and subsurface soil and/or groundwater at, below, 

and adjacent to the Sherman Site, including at and below adjacent properties. Volatile and semivolatile organic compounds, including chlorinated solvents and PCE, have been detected on or 

beneath the Sherman Site and/or on or beneath properties approximate thereto. 

43. South Bend has already incurred costs for investigation and certain response 

activities at the adjacent South Bend Properties. 

44. South Bend will incur significant costs for future testing, in order to fully 

delineate the extent of the impact to the soil, groundwater, and other media as a result of 

contamination emanating from the Sherman Site onto the South Bend Properties, and for 

subsequent removal and/or remedial activities required on the South Bend Properties due to 

contamination emanating from the Sherman Site 

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45. The Sherman Site is subject to the Environmental Legal Action Statute because it 

is not listed on the National Priorities List for hazardous substance response sites (40 CFR 300 et 

seq.), has not scored twenty-five or greater under the Indiana scoring model at 329 IAC 7, and 

has not been deemed by the Commissioner of the Indiana Department of Environmental 

Management to pose an imminent threat to human health or environment pursuant to Section 1 

of Indiana’s Environmental Legal Action Statute, Ind. Code § 13-30-9-1. 

46. The defendants are liable to South Bend under §§13-30-9-2 and 13-30-9-3 for all 

reasonable costs of a removal or remedial action involving the release of hazardous substances at 

and from the Sherman Site, and an award of all reasonable attorneys’ fees and costs. 

VI. COUNT III: DECLARATORY JUDGMENT 

47. South Bend incorporates the allegations contained in paragraphs 1 through 46 of 

this Complaint as though fully set forth herein. 

48. South Bend seeks a declaratory judgment against the defendants pursuant to 28 

U.S.C. § 2201, 42 U.S.C. §9613(g)(2), the Indiana Uniform Declaratory Judgment Act, Ind. 

Code §34-14-1-1, et seq., and Federal Rule of Civil Procedure 57 that the defendants are and will 

be liable for past and future costs, damages and attorneys’ fees which are necessary to address 

and respond to the hazardous substances that continue to exist at or near the Sherman Site. 

VII. PRAYER FOR RELIEF 

WHEREFORE, South Bend asks the Court to: 

1. Order the defendants to reimburse South Bend for all removal, remedial action, 

and response costs incurred by South Bend related to the release or threatened release of 

hazardous substances from the Sherman Site; 

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2. Order the defendants to reimburse South Bend for all reasonable attorneys’ fees 

and costs incurred by South Bend; 

3. Declare that the defendants are and will be liable for all future costs, expenses, 

damages and attorneys’ fees to address and respond to the hazardous substances migrating from 

the Sherman Site; and 

4. Award South Bend all further appropriate relief. 

VIII. JURY DEMAND 

Pursuant to Rule 38 of the Fed. R. Civ. Proc., plaintiffs City of the South Bend and South 

bend Redevelopment Commission request a trial by jury. 

Respectfully submitted, 

PLEWS SHADLEY RACHER & BRAUN LLP 

 s/ Thao T. Nguyen 

Attorneys for the City of South Bend and the 

South Bend Redevelopment Commission 

Thao T. Nguyen, Atty. No. 25030-71 

Daniel P. Cory, Atty. No. 27791-71 

53732 Generations Drive 

South Bend, IN 46530 

(574) 273-1010 

tnguyen@psrb.com 

dcory@psrb.com 

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