CHARLES RAYMOND LOVEDAY ET AL. v. BLOUNT COUNTY, TENNESSEE ET AL. - Articles

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Posted by: Barry Kolar on Jul 24, 2012

Court: TN Court of Appeals

Attorneys 1:

Robert W. White and Joe Nicholson, Maryville, Tennessee, for the appellants, Charles Raymond Loveday and Virginia Hope Loveday.

Attorneys 2:

Robert N. Goddard, Maryville, Tennessee, for the appellees, Blount County, Tennessee, and Blount County School Board.

Judge(s): SUSANO

Charles Raymond Loveday and his wife, Virginia Hope Loveday (collectively “the Plaintiffs”), filed this action in January 2011 against Blount County and the Blount County School Board (collectively “the Defendants”) to recover for flood damage to their property allegedly caused by the construction of a new school next to the Plaintiffs’ property. The school was built in 2007. The Plaintiffs allegedly sustained “permanent” damage in 2008, 2009 and 2010. The Defendants filed a motion to dismiss asserting that the action was barred by the statute of limitations for a taking. The trial court granted the motion. The Plaintiffs appeal. We affirm.

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