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CALDWELL v. PBM PROPERTIES

No. E2008-01991-COA-R3-CV.

310 S.W.3d 818 (2009)

George R. CALDWELL, Jr., et al. v. PBM PROPERTIES.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

September 29, 2009.

Permission to Appeal Denied by Supreme Court March 15, 2010.

Attorney(s) appearing for the Case

Glenna W. Overton, Knoxville, Tennessee, for the appellants, George R. Caldwell, Jr., and Angie R. Caldwell.

Robert R. Davies, Knoxville, Tennessee, for the appellee, PBM Properties.

OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and JOHN W. McCLARTY, J., joined.

George R. Caldwell, Jr., and Angie R. Caldwell ("the Homeowners") sued PBM Properties and others alleging that alterations made by PBM in 1998 to the natural drainage conditions on properties that neighbor the Homeowners created a continuing temporary nuisance that recurred in 2005 and caused flooding to the Homeowners...

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