The Campbell County couple that recently lost their appeal to the state Supreme Court in a landfill contamination case has asked for a rehearing.
After nine years of legal wrangling over contamination that seeped from the nearby landfill into their groundwater, Claude and Virginia Royal learned January 13 that the Supreme Court overturned a 2009 lower court ruling that granted the couple more than $9 million.
In the lawsuit, the Royals sought compensation from the county for the loss of use of their groundwater, loss of property value, lost business and lost revenue at their Twin Oaks mobile home park in Rustburg.
A Campbell County Circuit Court ruling in 2010 held the county responsible and awarded the Royals $9.6 million in damages.
Campbell County appealed to the state’s highest court, arguing the lower court judge misapplied state and federal laws, the award was excessive and an expert witness misled the jury.
The Supreme Court’s judgment took away the entire settlement amount without a remand, said the Royal’s attorney, Monica Monday, of Roanoke-based Gentry, Locke, Rakes & Moore.
“They have a $9 million verdict that the Supreme Court took away in a case where the county admitted that it contaminated their groundwater,” she said.
“Obviously we were all disappointed with the opinion.”
Monday filed this week the first of two documents required to have the Supreme Court take a second look at the case.
She has until mid-February to file a brief to the Supreme Court to further the case.
The county said the appeal was not a surprise.
Campbell County attorney David Shreve said Thursday while the lower court’s judgment concerned him, he believes the likelihood of the Supreme Court granting a rehearing is remote.
“When you are looking at a $9.6 million judgment you are always concerned, but I’m not overly optimistic that the court would grant a rehearing in the case,” said Shreve.
If one of the five Supreme Court justices who originally sided with the county feels the case should be reheard, the county will be notified and the case will be put back on the docket for oral arguments.
Until the Supreme Court decides to rehear the case, the county cannot submit any legal arguments.
Monday expects the court to resolve the matter within the year.
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