Burley v. Burlington N. & Santa Fe Ry. Co.
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Burglington Northern & Sante Fe Railway Company (BNSF) contaminated the environment surrounding the Livingston Rail Yard (Yard). Plaintiffs, individuals who owned property adjacent to the Yard, sued BNSF in federal court for damages to their property based on claims of, inter alia, nuisance, negligence, and trespass. The magistrate judge granted summary judgment in favor of BNSF, finding that the applicable statute of limitations barred Plaintiffs' claims. The federal district court certified to the Supreme Court the question of whether the continuing tort doctrine should apply to the claims presented by Plaintiffs. The Supreme Court held (1) the continuing tort doctrine in Montana tolls the statute of limitations for property damage claims of nuisance and/or trespass resulting from contamination that has stabilized, continues to migrate, and is not readily or easily abatable; and (2) the limitations period begins to run when abatement is not reasonable or complete abatement cannot be achieved, and a permanent injury exists.
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