[CPEO-BIF] "SC Supreme Court clears way for residents’ lawsuit against AVX," Myrtle Beach, South Carolina

[Lenny Siegel <lsiegel@cpeo.org>]

SC Supreme Court clears way for residents’ lawsuit against AVX
State Supreme Court overturns lower court’s dismissal of Myrtle Beach property owners’ lawsuit
Landowners contend pollution from plant hurt nearby property values
Justices said case raises questions about “stigma damages”


By Charles D. Perry
Myrtle Beach Sun News (SC)
August 5, 2015

A group of Myrtle Beach property owners can proceed with a lawsuit against AVX Corp. after the state Supreme Court reversed a lower court’s decision to dismiss their case, according to documents filed Wednesday.

Lawyers for the landowners had argued that Circuit Court Judge Benjamin Culbertson improperly dismissed the claims because he refused to hear evidence that the owners’ property values have decreased and that bank loans have been denied because of pollution on property that is near their land.

The high court agreed, and the majority of justices said the case “raises the novel question whether South Carolina will recognize ‘stigma damages.’”

Wednesday’s decision left no doubts about the property owners’ next move.


…

For the entire article, see
http://www.myrtlebeachonline.com/news/local/article30180396.html

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Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
278-A Hope Street
Mountain View, CA 94041
Voice: 650-961-8918 or 650-969-1545
Fax: 650-961-8918
LSiegel@cpeo.org
http://www.cpeo.org




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