July 25, 2012

Court reviews whether a homeowner's septic tanks violated the restrictive covenants of his subdivision

ROGER D. ROACH, et al., v. DON BUNCH, et al. (Tenn. Ct. App. July 23, 2012)

Plaintiffs who own homes in Mallard Baye subdivision, brought this action against defendants who had constructed a septic system on several of the residential lots serving other properties, alleging that defendants acted in violation of the restrictive covenants of their subdivision. Following a bench trial, the Trial Court held that the defendants' construction of the septic system violated the subdivision restrictive covenants, and the defendants appealed. On appeal, we affirm the Judgment of the Trial Court.

Opinion available at: