Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Nuisance-Abutting Property.  For more information on nuisance see the pages on Wikipedia  

Nuisance-Abutting Property:Cases

1992 Bowers v. Westvaco Corp., 244 Va. 139, 419 S.E.2d 661.

Defendant operated truck staging area. Fact that activities permitted by zoning ordinance does not defeat present cause of action for nuisance.

1989 Packett v. Herbert, 237 Va. 422, 377 S.E.2d 438.

Since this nuisance case was filed in equity asking for both damages and injunction and because there was no motion for issue out of chancery, trial court must first determine whether activities complained of constitute nuisance. Alleged nuisance was operation of car wash. Defendant may be liable for conduct of its customers. Plaintiff may not recover damages for permanent diminution in value of land and also obtain injunction against continued operation.

1988 Philip Morris, Inc. v. Emerson, 235 Va. 380, 368 S.E.2d 268.

Escape of toxic chemical caused abutting property owner to evacuate its camp. No property damage. Nuisance allegedly result of negligent conduct which simply caused interruption of plaintiff’s business. No recovery allowed for negligence since no property damage; no recovery on nuisance theory since chemical did not enter plaintiff’s property.

1982 National Energy Corp. v. O’Quinn, 223 Va. 83, 286 S.E.2d 181.

Term “nuisance” includes everything that endangers life or health, or obstructs reasonable and comfortable use of property.

1951 Portsmouth v. Culpepper, 192 Va. 362, 64 S.E.2d 799.

Maintenance of dam in unsatisfactory condition was held to be private nuisance.