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.
- McMillan elected School Board Chair (2 replies)
- The new standard for Knox Co. Schools? (11 replies)
- Um, Greg Johnson? Haslam's free tuition plan NOT "first-in-the-nation," just screwiest (8 replies)
- ISIS+ (3 replies)
- EBT confusion (96 replies)
- Well, this is awkward (29 replies)
- Burchett: McIntyre needs to go (82 replies)
- What's The Strategy for Fighting Amendment One? (11 replies)
- Briggs misleads, comes across as a bully (20 replies)
- Shopper-News online (3 replies)
- Briggs and Military Uniform policy (5 replies)
- Knox County 2014 State Primary and County General Election Sample Ballot (3 replies)
- Oct 2 2014 - 6:00pm (13 hours 23 min from now)
- Oct 5 2014 - 2:00pm (3 days 9 hours from now)
- Oct 6 2014 - 6:15pm (4 days 13 hours from now)