Bagley v. Controlled Environment Corp.
New Hampshire Supreme Court
503 A.2d 823 (1986)
- Written by Elliot Stern, JD
Facts
Controlled Environment Corp. (CEC) (defendant) owned a residential community, Eastman Development (Eastman). CEC owned land near Eastman’s boundary that included a site with a maintenance garage and storage tank. Gasoline from the storage tank leaked into the soil and groundwater. During property development and construction, CEC dumped oil, grease, and other waste material from the site, which also entered the groundwater. Some gasoline and other waste materials crossed the boundary into Eastman, contaminating the property of Judith Bagley (plaintiff) and causing Bagley personal injury. Bagley sued CEC for trespass, negligence, nuisance, strict liability, and civil liability based on violations of New Hampshire statutes related to the disposal of waste materials. Bagley’s alleged violations of state statutes did not specify the nature of the violations. The court dismissed the statutory-violation claims for failure to state claims on which relief could be granted. Bagley appealed.
Rule of Law
Issue
Holding and Reasoning (Souter, J.)
What to do next…
Here's why 790,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
