Case Summary

p1608 Contamination from oil discharge on a neighboring property constituted a permanent nuisance because the damage could not be abated through reasonable efforts. Because a prior owner first discovered the nuisance sixteen years before the lawsuit, plaintiff's cause of action was barred by the three year statute of limitations for damage to real property in Code of Civil Procedure § 338(b).

MCCOY v GUSTAFSON (Permanent Nuisance) 180 CA4 56, REV DENIED [See CCP § 338(b); Mangini v Aerojet, 12 C4 1087, T/AT 05/1996; Starrh v Aera, 153 CA4 583, T/AT 08/2007; CAMSI IV v Hunter Tech, 230 CA3 1525]