Legal Opinion
Chisolm v. Charlie Falk Auto Wholesalers, Inc.
District Court, E.D. Virginia
Decided April 12, 1994No. Civ. A. No. 2:93cv632PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
BRINKEMA, District Judge.
In its present posture, this action by a group of homeowners for monetary damages against a polluter presents issues that have not been directly addressed in this Circuit. The three-count complaint seeks relief based on private nuisance (Count I), negligence (Count II), and strict liability pursuant to the Virginia Water Control Act, Va.Code Ann. § 62.1-44.34:18, (Count III). The primary issue is whether the homeowners’ mere fear of future contamination and the allegedly related diminution in property values as a result of such fear in the buying…
2Cases cited20 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Adkins v. Thomas Solvent Co.Michigan Supreme Court · 1992
- Domenico De Sole v. United States of America, Chesapeake Bay Yacht Racing Association, United States Yacht Racing Union, Incorporated, Amici CuriaeCourt of Appeals for the Fourth Circuit · 1991
- James Berry, Sr., James Berry, Sr. v. The Armstrong Rubber Company, J. Wesley Cooper v. The Armstrong Rubber CompanyCourt of Appeals for the Fifth Circuit · 1993
- Coakley & Williams, Inc. v. Shatterproof Glass Corp.Court of Appeals for the Fourth Circuit · 1983
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3Cited by5 opinions
- Chisolm v. TranSouth Financial Corp.District Court, E.D. Virginia · 2000
- Chisolm v. TranSouth Financial Corp.Court of Appeals for the Fourth Circuit · 1996
- Chisolm v. TranSouth Financial Corp.District Court, E.D. Virginia · 1999
- Bermudez v. First of America Bank Champion, N.A.District Court, N.D. Illinois · 1994
- Nora Chisolm v. Transouth Financial CorporationCourt of Appeals for the Fourth Circuit · 1996