Nature of the Case
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Facts
Babb (Ps), six individuals, reside near a landfill operated by Lee County Landfill SC, LLC (D). Ps initiated this action seeking to recover for substantial interference with the use and enjoyment of their property caused by odors emanating from the landfill. Ps asserted nuisance, trespass, and negligence claims based on the odors. During trial Ps abandoned all claims for loss of use, diminution in property value, and personal injury, leaving only annoyance, discomfort, inconvenience, interference with enjoyment of their property, loss of enjoyment of life, and interference with mental tranquility as their damages claims. The jury awarded actual or compensatory damages totaling $532,500 on their negligence, trespass, and nuisance claims, with three plaintiffs receiving $77,500 and three receiving $100,000. The jury also awarded each P $300,000 in punitive damages. D filed motions for judgment as a matter of law or alternatively for a new trial. The District Court certified five questions to this Court (three of which are discussed in the Smith Property 4th casebook): 1. Under South Carolina law, when a plaintiff seeks recovery for a temporary trespass or nuisance (asserting claims for annoyance, discomfort, inconvenience, interference with their enjoyment of their property, loss of enjoyment of life, and interference with mental tranquility and abandoning all claims for loss of use, diminution in value, and personal injury), are the damages limited to the lost rental value of the property? 2. Does South Carolina law recognize a cause of action for trespass solely from invisible odors rather than a physical invasion such as dust or water? 3. Is the maximum amount of compensatory damages a plaintiff can receive in any trespass or nuisance action (temporary or permanent) the full market value of the plaintiffs' property where no claim for restoration or cleanup costs has been alleged?
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