Campbell County v. Royal
720 S.E.2d 90
Va.2012Background
- Royals own Twin Oaks Park in Campbell County adjacent to a county sanitary landfill; Phase II of the landfill operated prior to 1993 and emissions/leachate were monitored under SWMR and VWMA; groundwater monitoring detected VOCs exceeding GPS and a northern plume reached Royals’ wells; DEQ issued notices and corrective action requirements; Royals claim contamination constitutes an oil discharge under Oil Discharge Law and inverse condemnation; trial court granted summary judgment against County for Oil Discharge Law and damages; appellate court reverses on Oil Discharge Law applicability, ruling VWMA/SWMR govern and no passive seepage is within Oil Discharge Law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Oil Discharge Law applies to passive seepage | Royals: Oil Discharge Law covers contaminated groundwater. | County: VWMA/SWMR govern; Oil Discharge Law not applicable. | Oil Discharge Law does not apply. |
| Whether VWMA/SWMR exclusive regime precludes Oil Discharge Law | Oil Discharge Law should apply despite VWMA/SWMR. | VWMA/SWMR fully covers solid waste groundwater issues. | VWMA/SWMR exclusive; Oil Discharge Law inapplicable. |
| Damages measure and viability of inverse condemnation claim | Damages awarded under inverse condemnation; Oil instruction misaligned. | Damages limited to Oil Discharge Law; inverse condemnation not independently pursued at trial. | Damages cannot be sustained on inverse condemnation; no independent basis. |
| Preservation of CERCLA petroleum exclusion defense | Not preserved; not reached. |
Key Cases Cited
- Virginian-Pilot Media Cos. v. Dow Jones & Co., 280 Va. 464 (2010) (broad public‑interest/privacy context noted; interpretation aids theory)
- City of Lynchburg v. Dominion Theatres, Inc., 175 Va. 35 (1940) (legislative intent and field preemption considerations)
- Andrews v. Ring, 266 Va. 311 (2003) (summary judgment de novo; standard for disposal of claims)
- Town of Galax v. Waugh, 143 Va. 213 (1925) (measure of damages for inverse condemnation)
- Jackson v. Fid. & Deposit Co., 269 Va. 303 (2005) (expressio unius and statutory interpretation guide)