BABB v. LEE COUNTY LANDFILL SC, LLC

No. 27299.

405 S.C. 129 (2013)

747 S.E.2d 468

Perrin BABB, Debbie Babb, Wayne Elstrom, Sarah Elstrom, Alan Jackson, and Kathy Jackson, Plaintiffs, v. LEE COUNTY LANDFILL SC, LLC, Defendant.

Supreme Court of South Carolina.

Decided August 14, 2013.


Attorney(s) appearing for the Case

Gary W. Poliakoff and Raymond P. Mullman, Jr. , both of Poliakoff & Associates, P.A., of Spartanburg; John S. Nichols , of Bluestein, Nichols, Thompson & Delgado, LLC, of Columbia; William E. Hopkins, Jr. , of Hopkins Law Firm, LLC, of Pawley's Island; and Richard H. Middleton, Jr. , of The Middleton Firm, L.L.C., of Savannah, Georgia, all for Plaintiffs.

Kevin A. Dunlap , of Spartanburg, Pamela Baker , of Columbia, and Steven D. Weber , of Charlotte, North Carolina, all of Parker Poe Adams & Bernstein LLP; and William G. Beck , of Lathrop & Gage LLP, of Kansas City, Missouri, all for Defendant.

Amy Elizabeth Armstrong , of S.C. Environmental Law Project, of Pawley's Island, for Amicus Curiae Coastal Conservation League, South Carolina Wildlife Federation and Upstate Forever.

Elizabeth B. Parlow , of Ogletree, Deakins, Nash, Smoak & Stewart, PC, of Columbia, for Amicus Curiae National Solid Wastes Management Association, et al.

Ben A. Hagood, Jr. , of Moore & VanAllen, PLLC, of Charleston, Mark T. Stancil , of Robbins, Russell, Engleert, Orseck, Untereiner & Sauber, LLP, of Washington, DC, for Amicus Curiae The Chamber of Commerce of the United States of America.


CERTIFIED QUESTION

Justice HEARN.

Brought in federal district court on claims arising from offensive odors migrating from a landfill onto the plaintiffs' properties, this case comes to this Court for the resolution of several issues of law. The certified questions herein require us to delve into the gray areas of common law, environmental torts. Specifically, we consider the measure of damages for trespass and nuisance claims, the requirement that a physical...

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