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XI PROPERTIES v. RACETRAC PETROLEUM, INC.

151 S.W.3d 443 (2004)

XI PROPERTIES, INC., Larry W. Nichols, and Jimmy C. Stout v. RACETRAC PETROLEUM, INC.

Supreme Court of Tennessee, at Nashville.

December 16, 2004.

Attorney(s) appearing for the Case

Todd A. Rose, Paris, Tennessee, and John E. Acuff, Cookeville, Tennessee, for the appellant, RaceTrac Petroleum, Inc.

Peter H. Curry, Nashville, Tennessee, for the appellees, XI Properties, Inc., Larry W. Nichols, and Jimmy C. Stout.

OPINION

WILLIAM M. BARKER, J., delivered the opinion of the court, in which the panel of FRANK F. DROWOTA, III, C.J., and E. RILEY ANDERSON, JANICE M. HOLDER, JJ. and ALLEN W. WALLACE, Sp.J., joined.

We granted this appeal to address whether a landowner has a duty to provide lateral support to adjoining land that has been altered from its natural state. In a case of first impression for this Court, we hold that no such duty is owed. We conclude that the...

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