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Re: E-M:/ tort of trespass



There is precedent for this type of case...although i personally have never seen a case of this nature in Michigan (which doesn't mean that there hasn't been one). It would be worth checking into.

I am currently in the middle of a move, so i can't get to my files right now...if desired, i'll try to have a more detailed response posted by tomorrow...please bear with me on the sketchiness of the details in the following description.

An enviro. trespass tort case was fought and won in Alabama (or georgia?) in which a person who was located downwind of some sort of facility that was emitting particles sued that facility. The person claimed that the particles from the facility physically violated his privately-owned space and caused physical damage to the structures within it.

The court's ruling could be (overly) generalized as saying that physical size should not be the primary factor when determining if an entity has illegally entered a person's private property (particularly if that entity causes damage to private property during the time of the trespass).
Since this ruling appears to push the boundaries of US trespass tort law, I would imagine that currently courts would not be willing to extend it beyond private property damage. So, this may not be the best approach to food chain damage, etc., but it is worth trying against CAFOs (since there is liquid waste [which has the potential to do damage] crossing property boundaries).


ken

--On Saturday, August 23, 2003 11:39 AM -0400 Lowell Prag <lprag@mail.msen.com> wrote:

> -------------------------------------------------------------------------
> Enviro-Mich message from Lowell Prag <lprag@mail.msen.com>
> -------------------------------------------------------------------------
> > On Fri, 22 Aug 2003, Matthew Abel wrote:
> > > If my client were the Organic farm in this example, I would sue the GMO
> > farm for the tort of trespass, and all the damages resulting from that.
> > > > Somebody bring me a case...
> > > > (and then let's pass a law requiring GMO farmers to post a bond for
> > each GMO crop!)
> > Hello Matthew,
> > If tort of trespass holds true for pollen contamination, would it not
> also hold true for every other type of contamination via wind, rain,
> ground water, streams, the various food chains, etc?
> > Is there in fact, precedent for that type of suit? > > i.e: a citizen seeking damages for trespass rather than > public enforcement by the EPA or MDEQ under other laws.
> > Lowell Prag
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