--- title: "SC Supreme Court Opens Door to “Stigma Damages”" canonicalUrl: "https://wyche.com/insights/blog/posts/sc-supreme-court-opens-door-to-stigma-damages/" excerpt: "In a surprising 3-2 decision, the South Carolina Supreme Court ruled that environmental plaintiffs whose property is not contaminated may nevertheless be able to recover “stigma damages,” which include decreased property values resulting from negative perceptions associated with property that is contaminated or near contaminated property.  In Chestnut v. AVX Corporation (Aug. 5, 2015), the Court reversed the dismissal of a lawsuit which alleged that, even though plaintiffs’ property was not contaminated, it was in such proximity to a contaminated area that it had been devalued.  Based upon legal authorities dating back to the early 1970s, environmental practitioners in South Carolina…
Read More" datePublished: "2015-08-31T15:58:36-04:00" dateModified: "2024-05-24T16:05:59-04:00" --- - SC Supreme Court Opens Door to “Stigma Damages” [Home](https://wyche.com/) » SC Supreme Court Opens Door to “Stigma Damages” [** Gregory (Greg) J. English](https://wyche.com/author/genglish/) ** ** ** # SC Supreme Court Opens Door to “Stigma Damages” In a surprising 3-2 decision, the South Carolina Supreme Court ruled that environmental plaintiffs whose property is not contaminated may nevertheless be able to recover “stigma damages,” which include decreased property values resulting from negative perceptions associated with property that is contaminated or near contaminated property.  In *Chestnut v. AVX Corporation *(Aug. 5, 2015), the Court reversed the dismissal of a lawsuit which alleged that, even though plaintiffs’ property was not contaminated, it was in such proximity to a contaminated area that it had been devalued.  Based upon legal authorities dating back to the early 1970s, environmental practitioners in South Carolina have long believed that typical causes of action for contamination – trespass, nuisance, strict liability, and negligence – require plaintiffs to allege and prove that their property has been contaminated and that “stigma damages” are not recoverable.  The *Chestnut *majority ruled, however, that “creation of a factual record will allow us to decide whether to adopt a ‘no stigma damages rule;’ and ‘all stigma damages rule;’ or a modified rule.”  The full decision is available [here](https://www.judicial.state.sc.us/opinions/HTMLFiles/SC/27557.pdf). [*](https://wyche.com/author/genglish/) [## Gregory (Greg) J. English](https://wyche.com/author/genglish/) Greg works primarily in the area of commercial litigation, including corporate,  environmental, real estate and other commercial cases. His varied litigation experience includes over 50 jury and bench trials, plus numerous hearings on preliminary motions and injunctions, dispositive motions, and appeals in both state and federal courts.  RELATED ARTICLES [](https://wyche.com/insights/blog/posts/thirty-seven-wyche-attorneys-named-to-2027-best-lawyers-lists/) ### [Thirty-Seven Wyche Attorneys Named to 2027 Best Lawyers Lists](https://wyche.com/insights/blog/posts/thirty-seven-wyche-attorneys-named-to-2027-best-lawyers-lists/) GREENVILLE, SC (August 20, 2026) – Best Lawyers® has recognized 37 Wyche attorneys for 2027. Four Wyche attorneys were named “Lawyer of the Year” in their [](https://wyche.com/insights/blog/posts/former-federal-prosecutor-brandon-stone-joins-wyche/) ### [Former Federal Prosecutor Brandon Stone Joins Wyche](https://wyche.com/insights/blog/posts/former-federal-prosecutor-brandon-stone-joins-wyche/) COLUMBIA, SC (November 19, 2025) – Wyche, a leading full-service law firm with offices across South Carolina, announces that Brandon Stone, a former federal prosecutor [* View All](https://wyche.com/insights/news-stories/) ## Stay in Touch Join one our mailing lists and receive regular updates! [Subscribe to Updates](/subscription) ## Contact Us * * Send Message - [Our Philosophy](https://wyche.com/our-philosophy/) - [Unique Culture](https://wyche.com/our-unique-culture/) - [Client Service](https://wyche.com/wyche-difference/) - [Global Reach](https://wyche.com/global-reach/) - [Careers](https://wyche.com/careers/) - [Locations](https://wyche.com/locations) - [Centennial](https://wyche.com/wyche-100/) [Linkedin **](https://www.linkedin.com/company/wychepa/) [Facebook **](https://www.facebook.com/wychepa?ref=hl) [Instagram **](https://www.instagram.com/wychepa/)