JOHN P. BRANHAM v. THE METROPOLITAN GOVERNMENT OF NASHVILLE - DAVIDSON COUNTY, TENNESSEE, ET AL. - Articles

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Posted by: Landry Butler on Aug 31, 2016

Court: TN Court of Appeals

Attorneys 1:

Darrell G. Townsend, Nashville, Tennessee, for the appellant, John P. Branham.

Attorneys 2:

Andrew D. McClanahan, Christopher M. Lackey, and Patrick J. Bradley, Nashville, Tennessee, for the appellee, the Metropolitan Government of Nashville and Davidson County.

Judge(s): DINKINS

Landowner filed an action against the Metropolitan Government of Nashville-Davidson County ("Metro") on theories of inverse condemnation, detrimental reliance, and negligence to recover for damages to his home which occurred as a result of landslides on his property. Following trial, the court entered judgment in Metro's favor on all claims. On appeal, landowner contends that the evidence preponderates against the court's findings of fact as to the cause of the landslides and the finding that Metro's expert witness was credible; that the court erred as a matter of law in holding that Metro's actions were not purposeful or intentional for the purposes of an inverse condemnation claim; and that the court erred in not crediting his testimony in the valuation of his property. Metro asks this court to reverse the trial court's determination that it owns the portion of land adjacent to landowner's property in fee simple. We reverse the determination that Metro owns the land adjacent to the landowner's property; in all other respects we affirm the judgment.

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