Daniel Harvey, et al. v. Shelby County, Tennessee, et al.

Plaintiffs filed this inverse condemnation suit against numerous defendants, alleging that
their involvement with a construction project on an interstate highway resulted in increased
surface waters and flooding of Plaintiffs’ home and property. The trial court dismissed all
of the claims at various stages of the litigation. In a prior appeal, this Court affirmed the
dismissal of multiple claims, but we vacated the trial court’s grant of judgment on the
pleadings for two defendants because the trial court’s order stated that its decision was
based on “the entire record” and cited an exhibit to the complaint. See Harvey v. Shelby
Cnty., No. W2018-01747-COA-R3-CV, 2019 WL 3854297, at *4-6 (Tenn. Ct. App. Aug.
16, 2019). We remanded for consideration pursuant to Tennessee Rule of Civil Procedure
56. Id. at *6. After some limited discovery on remand, the trial court granted motions for
summary judgment filed by the two remaining defendants. Plaintiffs appeal. We reverse
and remand for further proceedings consistent with this opinion.