At the time of the dump's closure, Niagara Falls was entering an economic boom and the population began expanding drastically, surpassing 85,000. The Niagara Falls City School District needed land to build new schools, and attempted to purchase the property from Hooker Chemical that had been used to bury toxic waste. The corporation initially refused to sell citing safety concerns, however, the board refused to capitulate.[1] Eventually faced with parts of the property being condemned and/or expropriated, Hooker Chemical agreed to sell on the condition that the board buy the entire property for one dollar. In the agreement signed on April 28, 1953, Hooker included a seventeen-line caveat that explained the dangers of building on the site. Hooker believed it was thus released from all legal obligations should lawsuits arise in the future.[9]

"Prior to the delivery of this instrument of conveyance, the grantee herein has been advised by the grantor that the premises above described have been filled, in whole or in part, to the present grade level thereof with waste products resulting from the manufacturing of chemicals by the grantor at its plant in the City of Niagara Falls, New York, and the grantee assumes all risk and liability incident to the use thereof. It is therefore understood and agreed that, as a part of the consideration for this conveyance and as a condition thereof, no claim, suit, action or demand of any nature whatsoever shall ever be made by the grantee, its successors or assigns, against the grantor, its successors or assigns, for injury to a person or persons, including death resulting therefrom, or loss of or damage to property caused by, in connection with or by reason of the presence of said industrial wastes. It is further agreed as a condition hereof that each subsequent conveyance of the aforesaid lands shall be made subject to the foregoing provisions and conditions.[1] ”

Hooker Electrochemical Quit Claim Deed to Board of Education Hooker stated that the area should be sealed off "so as to prevent the possibility of persons or animals coming in contact with the dumped materials."[10]