RONALD AND SHERRY WINDROW v. MIDDLE TENNESSEE ELECTRIC MEMBERSHIP CORPORATION - Articles

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Posted by: Tanja Trezise on Mar 2, 2012

Court: TN Court of Appeals

Attorneys 1: Robert A. Anderson, Nashville, Tennessee for Plaintiff/Appellants Ronald and Sherry Windrow

Attorneys 2: James C. Cope & Jeremy M. Cothern, Murfreesboro, Tennessee for Defendant/Appellee, Middle Tennessee Electric Membership Corporation

Judge(s): KIRBY

This appeal involves a nuisance claim. The plaintiff landowners filed a nuisance action against the defendant electrical cooperative, alleging that the cooperative’s electrical substation, built near the plaintiffs’ home, constituted a nuisance. The electrical cooperative filed a motion to dismiss, alleging that the landowners’ claim was in actuality a claim for inverse condemnation that was time-barred, and that they were precluded from asserting a tort claim for nuisance. The trial court granted the motion, and the plaintiff landowners now appeal. We reverse.

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