Taylor v. Culloden Public Service District & West Virginia-American Water Co.

How courts have described this case

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

• holding that the law of continuing torts set forth in Graham “was clearly intended to apply to torts of all types” and applying the doctrine to nuisance
• holding that the law of continuing torts set forth in Graham “was clearly intended to apply to torts of all types” and applying the doctrine to nuisance
• stating that the plaintiffs’ damages for “temporary nuisance are limited to the two-year period in time prior to the filing of their cause of action” (citation omitted)
• discussing questions related to the plaintiffs’ nuisance claim without questioning that the alleged discharge of effluents into a stream flowing through the plaintiffs’ property was a nuisance
• stating whether damages for a nuisance is temporary or permanent “is critical for purposes of applying the statute of limitations”
• “as long as the arsenic remains on the Kermit Lumber business site ... and as long as the arsenic is flowing into the Tug Fork River, the harm or nuisance continues”

Source: CourtListener parenthetical corpus (CC0).