GENE PARISH v. SMITH UTILITY DISTRICT ET AL. - Articles

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Posted by: Landry Butler on Feb 28, 2018

Court: TN Court of Appeals

Attorneys 1:

G. Frank Lannom and Donnavon Vasek, Lebanon, Tennessee, for the appellant, Gene Parish.

Attorneys 2:

Jason K. Murrie and Thomas I. Carlton, Jr., Nashville, Tennessee, for the appellees, Smith Utility District, and Mack Gann.

Judge(s): MCBRAYER

Plaintiff brought an action against a local utility district for damages allegedly arising from the construction and maintenance of a water line on plaintiff’s property. Plaintiff also sought injunctive relief. The utility company moved to dismiss, asserting that it was immune from suit or, alternatively, that plaintiff’s action was barred by the applicable statute of limitations. The trial court granted the utility company’s motion. The court concluded that plaintiff’s claim for damages were barred by the Governmental Tort Liability Act. The court further concluded that plaintiff’s request for injunctive relief was barred by the GTLA’s one-year statute of limitations. And the court determined that the action would be barred by the one-year statute of limitation applicable to governmental takings. We conclude that the gravamen of plaintiff’s claim was for inverse condemnation, and the action was time barred.

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