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Story: Woods Cross residents voice frustrations with city, refinery
Comment #:
95
Comment:
Jane,
There is a legal doctrine called coming to the nuisance. This is a classic example. You don't get to develop near a pig farm, then complain about the stink.
However, there is a competing theory that strict liability attaches for damages related to an abnormally dangerous activity. This industry certainly qualifies as an ADA, and thus they should be found strictly liable for the damages.
In the end, this is going to be one huge mess, most likely with many of the insurance companies paying claims then taking those subrogated rights against the refinery and the developer.
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