Legal Opinion
Santa Fe Partnership v. ARCO Products Co.
California Court of Appeal
Decided June 20, 1996No. B094284PublishedCited by 18 opinions
1Opinion of the Court
Opinion
JOHNSON, J.
This appeal presents the question whether an owner of property contaminated by chemical pollutants can recover post-remediation “stigma” damages on a continuing nuisance theory of liability. California law provides diminution in value damages and damages for future harm may be recoverable in a situation where the nuisance is deemed to be permanent. However, prevailing law holds damages for prospective harm are unavailable where the nuisance is deemed to be continuing and abatable.
Appellants urge this court to “overrule” existing law, claiming it fails to take into account…
2Cases cited36 opinions
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
- City of San Jose v. Superior CourtCalifornia Supreme Court · 1974
- Mangini v. Aerojet-General Corp.California Court of Appeal · 1991
- Adkins v. Thomas Solvent Co.Michigan Supreme Court · 1992
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3Cited by18 opinions
- Shamsian v. Atlantic Richfield Co.California Court of Appeal · 2003
- Carson Harbor Village, Ltd. v. Unocal Corp.District Court, C.D. California · 2003
- Walker Drug Co., Inc. v. La Sal Oil Co.Utah Supreme Court · 1998
- Bartleson v. United StatesCourt of Appeals for the Ninth Circuit · 1996
- In Re Burbank Environmental LitigationDistrict Court, C.D. California · 1998
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