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TARPLEY v. HORNYAK

174 S.W.3d 736 (2004)

Ernest TARPLEY, et al. v. Bert M. HORNYAK, et al.

Court of Appeals of Tennessee, at Nashville.

March 15, 2004.

Attorney(s) appearing for the Case

Justin D. Pitt, Lebanon, Tennessee, for the appellants, Bert M. Hornyak and wife, Dorothy E. Hornyak.

Henry Clay Barry, Lebanon, Tennessee, for the appellees, Ernest Tarpley and wife, Mary Nell Tarpley.

Published Pursuant to Tenn. Ct. R. 11.

OPINION

PATRICIA J. COTTRELL, J., delivered the opinion of the court, in which WILLIAM C. KOCH, JR., and WILLIAM B. CAIN, JJ., joined.

Landowners sued to abate a nuisance claiming that a concrete causeway, built over a creek by an adjoining landowner, caused water to flood their property. After hearing from one witness, the trial judge discouraged further proof and instead chose to visit the plaintiffs' land...

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