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V★TE FILESUnited States edition
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State court of last resort · ST-VA-SC

Campbell County v. Royal

No. 101168Supreme Court of Virginia

101168 Campbell County v. Royal 01/13/2012 (Revised 01/30/2012) In an action by landowners for damages resulting from contamination of groundwater, the trial court erred in granting summary judgment for the pl…

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101168 Campbell County v. Royal 01/13/2012 (Revised 01/30/2012) In an action by landowners for damages resulting from contaminati…

At a glance
Court
Supreme Court of Virginia
First seen
Oct 4, 2026
Last entry
Jan 13, 2012
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Docket entry

101168 Campbell County v. Royal 01/13/2012 (Revised 01/30/2012) In an action by landowners for damages resulting from contamination of groundwater, the trial court erred in granting summary judgment for the plaintiffs under the "Discharge of Oil Into Waters" Law, Code § 62.1-44.34:14 through § 62.1-44.34:23, because those statutes do not apply to the passive, gradual seepage of leachate and landfill gas into groundwater. Since no damage instruction was tendered setting forth the proper measure of recovery on the plaintiff's alternative claim for inverse condemnation, there is no basis on which the plaintiffs can pursue that claim or retain the jury's award of damages. The judgment is revers…

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