Nuisance Claim for Lost Property Value Based on Ongoing Migration Dismissed

摘要

A plaintiff cannot establish a nuisance claim for the destruction of the value of property based on the ongoing migration of contaminants, a federal appeals court held in a non-precedential opinion (Had-donbrook Assoc. v. General Electric Co., 3d Cir., No. 10-1744,5/4/11). Affirming the dismissal of a property owner's claims, the U.S. Court of Appeals for the Third Circuit said in the May 4 decision that the plaintiff failed to establish a continuing tort that would trump the six-year time bar. The Third Circuit also affirmed that the plaintiff's negligence and strict liability claims are time-barred.