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Prive v. Vermont Asbestos Group

ELR Citation: 40 ELR 20029
Nos. No. 2008-474, (Vt., 01/15/2010)

The Supreme Court of Vermont reversed and remanded a lower court’s decision that granted a corporate officer’s motion to dismiss the complaint of a property owner for trespass and nuisance. Contrary to the lower court's decision, the complaint alleged facts sufficient to find liability. The property owner alleged that the corporate officer was responsible for the corporation’s decisions regarding the maintenance and control of an asbestos mine tailings pile, the runoff from which contaminated his property. Because the amended complaint included allegations that the corporate officer had personally participated in the alleged tortuous actions, the property owner had stated a claim upon which relief could be granted.