William B. Shearron, et al., v. The Tucker Corporation, et al.

Case Number
M2000-00624-COA-R3-CV

This is a nuisance case. The plaintiff landowners sued the developer of a subdivision adjacent to their property for digging a drainage ditch that caused frequent flooding. The defendant developer filed counter-claims, including an allegation that the plaintiffs and the previous owners of his property had conspired to breach the agreement to sell the property to the developer. The developer also argued that the city had taken steps to alleviate the flooding. The trial court found that the developer had created a permanent nuisance by changing the natural flow of water across his property, and dismissed the developer's counter-claims. On appeal, we affirm the trial court's finding of a nuisance, but conclude that the circumstances created both a temporary and a permanent nuisance, and remand for recalculation of damages based on this holding.

 

 

Authoring Judge
Judge Holly Kirby Lillard
Originating Judge
Judge James E. Walton
Case Name
William B. Shearron, et al., v. The Tucker Corporation, et al.
Date Filed
Dissent or Concur
No
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