A Blount Co. couple says runoff from construction of the Union Grove Elementary School ruined their property so they sued for damages. They claim both "inverse condemnation" (e.g. taking by eminent domain) and an alternative negligence claim under "nuisance" theory.
Blount Co. got the lawsuit thrown out based on the the statute of limitations on the "taking" claim. The trial court, upheld on appeal, concluded that the "nuisance" claim goes out with it because their "taking" claim, which was filed too late, proved the damage to their property was "permanent" and thus not an ongoing nuisance.
Catch-22 and no justice for the injured party. There's probably a lesson here somewhere.
- Pilot update (13 replies)
- Mark Harmon: History of public education has deep roots (6 replies)
- At least they're trying (4 replies)
- Google Rolls Out Free Gigabit Internet Service to Public Housing (4 replies)
- Democrat Heather Hensley announces run for State House 89th district (9 replies)
- Nashville DA sues TV reporter Phil Williams for $200M (1 reply)
- Gloria Johnson announces State House candidacy (15 replies)
- Here we go. Finally. (56 replies)
- Knoxville City Council tackles payday lenders (12 replies)
- Candidate Campaign Financial Disclosures are posted for contested BOE seats (9 replies)
- Groundhog Day - Spring is on its way! (1 reply)
- Boston 1964: the way it was (10 replies)