Bagley v. Controlled Environment Corp.

This is an action for damages resulting from contamination of the plaintiff’s soil and groundwater, allegedly caused by the defendant’s release of chemicals on neighboring land. The plaintiff appeals an order of the Superior Court (Contas, J.) dismissing counts pleading strict liability and statutory violation. We reverse with respect to the count claiming a violation of RSA chapter 147-A (Supp. 1983), which regulates the disposal of hazardous waste, but otherwise affirm.

In reviewing an order granting a motion to dismiss, we, like the trial court, must regard as true all properly pleaded…