Capogeannis v. Superior Court

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that soil and groundwater contamination can be considered abatable
• noting that permanent nuisance allows recovery of all past, present, and future damages but that continuing nuisance only allows recovery for injury within three years of complaint’s filing
• trespass is an invasion of the interest in the exclusive possession of land, as by entry upon it, and stating that “one cannot commit an actionable interference with one’s own possessory right.”
• “California’s definition of trespass is considerably narrower than its definition of nuisance.”
• “the Capo-geannises have now made clear that they do intend to pursue their unbarred claim for continuing nuisance and trespass, limited to recovery for actual injury suffered within the three years immediately preceding December 14, 1990 [the date the Capogeannises filed the lawsuit]”

Source: CourtListener parenthetical corpus (CC0).