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SANTA FE PARTNERSHIP v. ARCO PRODUCTS CO.

Docket No. B094284.

46 Cal.App.4th 967 (1996)

SANTA FE PARTNERSHIP et al., Plaintiffs and Appellants, v. ARCO PRODUCTS COMPANY et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Seven.

June 20, 1996.

Attorney(s) appearing for the Case

COUNSEL

John C. Teal, Jr., for Plaintiffs and Appellants.

Smith, Brennan & Dickerson, Donald D. Dickerson and Sterling A. Brennan for Defendants and Respondents.

OPINION

JOHNSON, J.

(1a) 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...

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