[DOWNLOAD] "Wendell Pate and Wife v. City Martin" by Court of Criminal Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Wendell Pate and Wife v. City Martin
- Author : Court of Criminal Appeals of Texas
- Release Date : January 06, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Appellants filed an action in the Chancery Court of Weakley County seeking the abatement of a nuisance and damages to real property resulting from the nuisance. The chancellor found that a sewage lagoon, owned and maintained by the City of Martin, was a permanent nuisance and awarded appellants $10,000.00 in damages. The chancellor also found that "an injunction would be too harsh a remedy and should be denied." The Court of Appeals concurred in the chancellors finding that the lagoon, as maintained, is a nuisance; however, the court classed the nuisance as temporary rather than permanent, reversed the award of damages which was based on the before and after value of appellants property, and dismissed appellants action for failure to prove damages for impairment of the use and enjoyment of property, which is the basis for damages resulting from a temporary nuisance. We granted and appeal to review the action of the Court of Appeals in dismissing appellants suit.