WEST WARREN-VIOLA UTILITY DISTRICT v. JARRELL ENTERPRISES, INC. - Articles

All Content


Posted by: Amelia Ferrell Knisely on Apr 27, 2016

Court: TN Court of Appeals

Attorneys 1:

Gregory L. Cashion, Kenneth S. Schrupp, Donald L. Scholes, Benjamin A. Gastel, Nashville Tennessee, Ben Newman, McMinnville, Tennessee, for the appellant, West Warren-Viola Utility District

Attorneys 2:

James C. Cope, Murfreesboro, Tennessee, for the appellee, Jarrell Enterprises, Inc.

Judge(s): DINKINS

Utility district brought action to condemn a parcel of real property which was located outside the district?s boundaries in order to construct a water storage tank, associated piping, and an access road. The trial court denied the petition, and the district appeals. Finding that the district is given the power in the Utility District Law to construct and maintain its system, and that the unrebutted evidence shows that the district was not attempting to expand the boundaries of its service area, we reverse the judgment of the trial court and remand the case for a hearing on the damages due the property owner.