Glace v. Town of Pilot Mountain

DEFENDANT’S APPEAL

Rodman, J.

If a municipal corporation, by the construction and operation of a sewage disposal system or other facility, pollutes the air or otherwise creates a nuisance, permanent in character, thereby diminishing the value of property in proximity to the operation, the municipality is liable for the damage done. Since a municipality has the right to condemn property for the construction and operation of sewage systems and related facilities, permanent damages may, at the instance of the property owner, be assessed when the maintenance of the facility in a non-negligent…