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LANE v. W.J. CURRY & SONS

92 S.W.3d 355 (2002)

Gloria B. LANE v. W.J. CURRY & SONS.

Supreme Court of Tennessee, at Jackson.

December 19, 2002.

Attorney(s) appearing for the Case

Elder Shearon, III, Memphis, Tennessee, for the plaintiff-appellant, Gloria B. Lane.

Robert A. Cox and James F. Horner, Jr., Memphis, Tennessee, for the defendant-appellee, W.J. Curry & Sons.

FRANK F. DROWOTA, III, C.J. delivered the opinion of the court, in which E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., JANICE M. HOLDER, and WILLIAM M. BARKER, JR., JJ., joined.

OPINION

We granted review in this case to determine whether a landowner can bring a nuisance action against an adjoining landowner when tree branches and roots from the adjoining landowner's property encroach upon and damage the neighboring landowner's property. The plaintiff asserts...

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