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PATE v. CITY OF MARTIN

614 S.W.2d 46 (1981)

Wendell PATE and Wife, Mary Betty Pate, Appellants, v. CITY OF MARTIN, a Municipal Corporation, Appellee.

Supreme Court of Tennessee.

April 6, 1981.

Attorney(s) appearing for the Case

William A. Largen, Dresden, C.W. Miles, III, Miles & Miles, Union City, for appellants.

William M. Maloan, Brundige & Maloan, P.C., Martin, for appellee.

OPINION

COOPER, Justice.

Appellants filed an action in the Chancery Court of Weakley County seeking the abatement of a nuisance and damages to real property resulting from the nuisance. The chancellor found that a sewage lagoon, owned and maintained by the City of Martin, was a permanent nuisance and awarded appellants $10,000.00 in damages. The chancellor also found that "an injunction would be too harsh a remedy and should be denied." The Court of Appeals...

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