Natural Gas Pipeline of Am. v. JustissAnnotate this Case
Petitioners, several homeowners, filed an action against a gas company, alleging that noise and odor emanating from the company's compressor station caused a permanent nuisance. The company responded by asserting that because the homeowners' complaints predated their lawsuit by six years, the statute of limitations barred their action. After a jury trial, the trial court entered judgment for the homeowners, finding that a permanent nuisance, which began just before the lawsuit was filed, diminished property values. The court of appeals affirmed. The Supreme Court reversed, holding (1) the court of appeals did not err in finding that some evidence supported the jury's finding in the accrual date; but (2) the conclusory and speculative testimony offered at trial did not support a finding of diminished property values. Remanded for a new trial on liability and damages.