Babb et al v. Lee County Landfill SC LLC et al

Filing 252

ORDER directing parties to submit briefs on the issue of nuisance damages. Briefs due by 07/03/2012. Signed by Honorable Joseph F Anderson, Jr on 06/12/2012. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Perrin Babb, Debbie Babb, Wayne
Elstron, Sarah Elstrom, Alan Jackson,
and Kathy Jackson,
Plaintiffs,
vs.
Lee County Landfill SC, LLC,
Defendant.

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C/A No.: 3:10-cv-01724-JFA

ORDER

JUDGE JOSEPH F. ANDERSON, JR.

This court hereby directs the parties in this case to prepare and submit briefs on
the issue of what damages are available to the plaintiffs as a result of the jury verdict
based on nuisance. Specifically, the court is interested in whether nuisance damages
should be limited to the rental values of the plaintiffs’ properties. The court is aware that
the parties have addressed this issue in previous submissions to this court, but the court
asks that the parties now provide specific language from South Carolina cases indicating
whether South Carolina courts have allowed plaintiffs to recover damages beyond rental
value in nuisance cases.
The parties are directed to submit the briefs on the issue of nuisance damages by
July 3, 2012.
IT IS SO ORDERED.

June 12, 2012
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge