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Golen v. The Union Corp.

718 A.2d 298 (1998)

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Golen v. The Union Corp.

Pennsylvania Superior Court
718 A.2d 298 (1998)

KL

Facts

The Union Corp. (Union) (defendant) owned a plot of land next to Stewart Golen (plaintiff). Union used its land for recycling electrical transformers. The transformers contaminated the property with polychlorinated biphenyls (PCBs), which required the property to be listed on the National Priorities List of the Comprehensive Environmental Response, Compensation, and Liability Act. Golen used his property as a waste-transfer station and for hazardous-waste treatment. Golen attempted to sell his land but could not find a buyer. Golen filed a private-nuisance suit against Union, claiming that Golen could not sell his property because of Union’s listing on the National Priorities List. There was no evidence that the PCBs from Union’s property contaminated Golen’s property. Union filed a motion for summary judgment. The trial court granted Union’s motion, and Golen appealed.

Rule of Law

Issue

Holding and Reasoning (Olszewski, J.)

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