1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 783 S.E.2d
  5. 783 S.E.2d 236 (2016)
 

BSK ENTERPRISES, INC. v. BEROTH OIL CO.

No. COA15-189.

783 S.E.2d 236 (2016)

BSK ENTERPRISES, INC. and B. Kelley Enterprises, Inc., Plaintiffs, v. BEROTH OIL COMPANY, Defendant.

Court of Appeals of North Carolina.

March 1, 2016.

Attorney(s) appearing for the Case

Crabtree, Carpenter & Connolly, PLLC, by Guy W. Crabtree , Durham, and Mark Fogel , Raleigh, for plaintiff-cross-appellees.

Maynard & Harris Attorneys at Law, PLLC, by C. Douglas Maynard, Jr. , Winston-Salem and Sarah I. Young , for plaintiff-cross-appellees.

Hendrick Bryant Nerhood Sanders & Otis, LLP, by Winston-Salem, by Matthew H. Bryant and Timothy W. Nerhood , for defendant-cross-appellants.

Hatch, Little & Bunn, LLP, by Justin R. Apple , Harold W. Berry, Jr. , Raleigh and A. Bartlette White , for amicus curiae North Carolina Petroleum & Convenience Marketers, Inc.

Law Office of F. Bryan Brice, Jr., Raleigh, by Matthew D. Quinn , for amicus curiae North Carolina Advocates for Justice.

Troutman Sanders LLP, Raleigh, by Christopher G. Browning, Jr. , Sean M. Sullivan , and C. Elizabeth Hall , for amicus curiae North Carolina Chamber.

First, where the cost of remediation greatly exceeds or is disproportionate to the diminution in value of property, the measure of damages should be the diminution in value caused by the contamination. Second, plaintiffs have a compensable and protectable interest in the waters beneath their land and, therefore, have standing to bring...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases