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· 6/28/2011

Redevelopment Agency of City of Stockton v. BNSF

Citations

  • 643 F.3d 668
  • 2011 WL 2547614

How courts have described this case

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

  • finding that because the defendant installed a French drain to drain water-not contaminants-it could not be liable for nuisance
  • noting that \the soil and groundwater contamination in this case constitutes a nuisance\
  • finding no liability under this theory when defendant neither knew nor reasonably should have known about the nuisance
  • addressing whether defendants were liable for nuisance under California law based on land contamination
  • “Because the Railroads’ conduct with regard to the specific nuisance condition—the contamination—was not active, affirmative, or knowing, the Railroads simply did not ‘create or assist in the creation’ of the nuisance[.]”

Source: CourtListener parenthetical corpus (CC0).

Judges: M. Margaret McKeown

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.