Trespass, Nuisance, and Negligence Debated in Blakeland v. Taghavi

Blakeland Drive Investors, LLP IV v. Taghavi involved contamination from leaking underground gasoline storage tanks that migrated from a gas-station property onto neighboring land. Claims included trespass, nuisance, and negligence, with damages based on the diminished value of the affected property.

The Colorado Court of Appeals affirmed the findings of trespass, nuisance, and negligence but reversed joint-and-several liability. The court emphasized Colorado’s requirements for apportioning liability among defendants and clarified when joint-and-several liability is available for indivisible environmental injuries.

Original article:https://www.whitcomblawpc.com/business-law-blog/trespass-nuisance-and-negligence-debated-in-blakeland-v.-taghavi