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BETTY v. METROPOLITAN GOVERNMENT

835 S.W.2d 1 (1992)

Ben R. BETTY, III and wife Nancy Betty, Plaintiffs/Appellees, v. The METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, Defendant/Appellant.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied May 18, 1992.

Attorney(s) appearing for the Case

James L. Murphy, III, Metropolitan Government Dept. of Law, Nashville, for defendant/appellant.

John W. Wagster, Nashville, for plaintiffs/appellees.

Permission to Appeal Denied by Supreme Court May 18, 1992.

OPINION

KOCH, Judge.

This appeal concerns a city's liability for damages to a privately-owned dam caused by a rupture in one of its sewerage forced mains. The property owners filed suit in the Circuit Court for Davidson County after the city declined to pay for repairing the dam. A jury awarded the property owners $330,000 on their inverse condemnation claim. The trial court also awarded...

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