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.
- Gannett/Tennessean, more layoffs. Knoxville layoffs next? (13 replies)
- Congratulations to Mike Knapp (4 replies)
- 2016 Shootings in Knox County, TN (71 replies)
- Why Eddie? (4 replies)
- Knoxville could test self-driving cars (10 replies)
- Investigative Report on Rick Staples Part I (3 replies)
- Investigative Report on Rick Staples Part II (3 replies)
- Water enforcement dropped in business-friendly Haslam administration (5 replies)
- Hate is learned at home... (1 reply)
- Clinton campaign faltering (7 replies)
- Ammo plant deal falling apart? (8 replies)
- WBIR Inside Tennessee - Democratic candidate Gloria Johnson (3 replies)