Wellesley Hills Realty Trust v. Mobil Oil Corp.

How courts have described this case

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

• opining that defendant’s failure to clean up oil that leaked from underground storage tank on its property would meet causation requirement of § 5 [a] [5]
• stating that “Mobil’s operation of the gas station qualifies as an abnormahy dangerous activity, that the risk of release of oil is precisely what makes operation of a gas station abnormally dangerous, and that such contamination of property constitutes harm to the property”
• dismissing nuisance claim against defendant that contaminated property before selling it to plaintiff
• “a vendee of land does not have a private nuisance action against a vendor for its contamination of the property prior to the sale”
• “Of course, as the rule developed, courts applied it to situations which did not- involve an ‘escape’ from the land.”
• service station operator’s release of oil on service station property could not constitute a trespass against a subsequent owner of that property because trespass requires “an unprivileged, intentional intrusion on land in the possession of another.”

Source: CourtListener parenthetical corpus (CC0).