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PADUCH v. CITY OF JOHNSON CITY

896 S.W.2d 767 (1995)

Dale PADUCH, Peter Paduch, Ben Paduch, Jr., Harriet Paduch, and State of Tennessee, on the relation of Dale Paduch, Peter Paduch, Ben Paduch, Jr. and Harriet Paduch, Plaintiffs-Appellees, v. CITY OF JOHNSON CITY, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

March 27, 1995.

Attorney(s) appearing for the Case

Dick L. Johnson, Earl R. Booze, Johnson & Booze, Johnson City, Gwendolyn D. Burgess, Kingsport, and David M. Bowen, Johnson City, for plaintiffs-appellees.

Hent Herrin, Herrin & Herrin, Johnson City, for defendant-appellant.

OPINION

REID, Justice.

The City of Johnson City asserts on this appeal that the Court of Appeals erred in sustaining the suit by appellees as an action to abate a nuisance and in awarding damages because the city did not pave a street abutting property owned by the appellees and refused to issue a building permit until the street was paved.

When the area which included the street and adjoining property was annexed by Johnson City in 1963,...

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