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No nuisance claim without physical invasion or harm

March 31st, 2013 by Joseph William Singer

The Maryland Court of Appeals ruled in Exxon Mobil Corp. v. Albright, 67 A.3d 1061 (Md. 2013) that property owners near a gas station where 26,000 gallons of gasoline spilled from an underground tank could not sue for nuisance when their wells have not yet been contaminated. The neighbors were not allowed to sue for emotional damages, for reduction of the fair market value of their property or for future costs of medical monitoring. Most courts reach the same result although a few courts have allowed damages in such cases for nearby properties when the reduction in fair market value is substantial.

Posted in Environmental law, Nuisance | Comments Off on No nuisance claim without physical invasion or harm

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