June 29, 2009

TCA affrims summary judgment based on statute of repose

GEORGE R. CALDWELL, Jr., ET AL. v. PBM PROPERTIES (Tenn. Ct. App. June 29, 2009)

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' property. PBM filed a motion for summary judgment on the ground that the cause of action was barred by the statute of repose for improvements to real property found at Tenn. Code Ann. section 28-3-202 (2000). The trial court agreed and granted the motion. The Homeowners appeal. We affirm.

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