George R. Caldwell, Jr., et ux v. PBM Properties

Case Number
E2004-02512-COA-R3-CV

George R. Caldwell, Jr. and Angie R. Caldwell ("Plaintiffs" or "Mr. Caldwell" as appropriate) sued PBM Properties ("Defendant") for nuisance claiming that during Defendant's development of Blue Grass Heights Subdivision ("Blue Grass"), Defendant denuded the land altering water runoff and causing Plaintiffs' property to flood. The case was tried before a jury and the jury found that Defendant was 100% liable to Plaintiffs for a temporary flooding nuisance. The jury awarded Plaintiffs $3,820.50 in damages. Plaintiffs appeal claiming that the evidence supported a finding of permanent nuisance, the nuisance had to be abated on Defendant's property to be considered abated, and, the jury did not award the proper amount of damages. We affirm.

Authoring Judge
Judge D. Michael Swiney
Originating Judge
Judge Harold Wimberly
Case Name
George R. Caldwell, Jr., et ux v. PBM Properties
Date Filed
Dissent or Concur
No
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