Ardis Mobile Home Park, v. State of Tennessee

Case Number
03A01-9505-BC-00157

This is an appeal from a decision of the Tennessee Claims Commission wherein the commissioner determined that the occurrences at issue constituted a taking of property by the State of Tennessee rather than a nuisance. The commissioner concluded that the exclusive remedy for a taking is an inverse condemnation action pursuant to T.C. A. § 29-16-123. Since actions predicated on inverse condemnation are outside the scope of the jurisdiction of the Claims Commission, the commissioner dismissed the claim. This appeal resulted. We reverse the judgment of the commissioner.

Authoring Judge
Judge Don T. McMurray
Originating Judge
Commissioner Michael S. Lacy
Case Name
Ardis Mobile Home Park, v. State of Tennessee
Date Filed
Dissent or Concur
No
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