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Property Keyed to Sprankling
Chance v. BP Chemicals, Inc.
Facts
Plaintiffs, Rose M. Chance, Eliza Avery, and Bessie Shadwick, initiated this action against Defendants, BP Chemicals, Inc., on the grounds that Defendant disposed hazardous waste byproducts, causing a violation of Plaintiffs rights as property owners. Plaintiffs assert that hazardous material caused a migration of the byproducts into the subsurface rock beneath Plaintiffs property. Defendants assert that their actions complied with the regulations. Both parties contend the location of the violation and the gravity of the migration. The trial court found for Defendant on the claim of the ultrahazardous activity, fraud, and nuisance on a motion for directed verdict. Additionally, the jury returned a verdict for the Plaintiffs’ trespass claim in favor of Defendant. Plaintiffs appealed the lower court’s ruling on the grounds that they had complete ownership of all the rock and water beneath the surface of their property, thus, Plaintiffs do not need to prove damages for their trespass claim.
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