BARRY RUSSELL, ET AL. v. HENDERSONVILLE UTILITY DISTRICT - Articles

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Posted by: Tanja Trezise on Mar 21, 2013

Court: TN Court of Appeals

Attorneys 1:

Devon Jeffrey Sutherland, Hendersonville, Tennessee, for the appellants, Barry Russell and Theda F. Russell.

Attorneys 2:

Shelton Hatcher, Hendersonville, Tennessee, and Donald Lee Scholes, Nashville, Tennessee, for the appellee, Hendersonville Utility District.

Judge(s): COTTRELL

Property owners sued utility district for damages and an injunction as a result of the excessive use of an easement across the property owners’ land by the district’s assignees. The utility district denied any wrongdoing and moved the trial court to dismiss the complaint. The trial court dismissed the complaint for failing to state a cause of action for which relief can be granted. The property owners appealed. We conclude the trial court erred in dismissing the property owners’ complaint because the property owners have stated a cause of action for which relief can be granted. We therefore reverse the trial court’s judgment and remand the case for further proceedings.

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