Burchfield v. State

OPINION

GODDARD, Judge.

This appeal results from a claim made by Norman Burchfield against the State of Tennessee for creating a nuisance which resulted in the flooding of Mr. Burchfield’s property. The claim was originally before the Claims Commission and transferred by the Commission to the Court of Claims pursuant to T.C.A. 9-8-402(c).

The Claims Commissioner found that in the construction of U.S. Highway 411, which is also State Highway 35, the State created a nuisance by installing a drain under the road at an insufficient depth which resulted in the flooding of Mr. Burchfield’s property.…