North Carolina Appeals Court: Property Owner Not Entitled To Restoration Costs

(March 10, 2016, 10:01 AM EST) -- RALEIGH, N.C. — A North Carolina Court of Appeals panel on March 1 affirmed a trial court judge’s decision finding that a property owner whose land was contaminated by an oil spill on an adjacent property was entitled to only $108,500 for diminution in value, finding that the actions taken by the defendant company, which included removing soil from the site, significantly decreased the level of contaminants in the plaintiff’s groundwater (BSK Enterprises Inc., et al. v. Beroth Oil Company, No. COA15-189, N.C. App.; 2016 N.C. App. LEXIS 243)....