FRANKLIN SQUARE TOWNE HOMEOWNERS ASSOCIATION INC., ET AL. v. JOSEPH B. KYLES, ET AL. - Articles

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Posted by: Landry Butler on May 10, 2017

Court: TN Court of Appeals

Attorneys 1:

Michael C. Patton and Kavita G. Shelat, Memphis, Tennessee, for the appellants, Franklin Square Towne Homeowners Association, Inc., C. V. Scarborough, Jr., Natasha N. Adams, Andy Steve Gilliam, and Janice A. Gilliam.

Attorneys 2:

Edward M. Bearman and Gary E. Veazey, Memphis, Tennessee, for the appellees, Joseph B. Kyles, and Ava A. Kyles.

Judge(s): STAFFORD

This case involves a dispute over property. The trial court ruled that the defendants’ driveway and air conditioner pads encroached onto the plaintiffs’ property but declined to order their removal. Rather, the trial court awarded the plaintiffs damages and ruled that the encroachments could remain in place. Both parties appealed. We affirm the trial court’s conclusion that plaintiffs’ action with regard to the driveway is not barred by the Tennessee Code Annotated section 28-2-103 statute of limitations. We reverse the trial court’s ruling, however, to note that any action regarding the air conditioners and their placement is barred by the section 28-2-103 statute of limitations. We also reverse the trial court’s ruling allowing the driveway to remain in place.