Pleasant View Utility District v. Vradenburg

OPINION

COOPER, Chief Justice.

Respondents, Joel Vradenburg and wife, Donna Vradenburg, filed an action in the Chancery Court of Cheatham County in an effort to have that court enjoin the petitioner, Pleasant View Utility District, from discharging waste water onto respondents’ land. The respondents charged that the water does not drain properly, creating a swampy area which is a breeding ground for mosquitos and bacteria, and that the waste water pollutes the fish pond which respondents constructed on their land.

In the course of pleading, petitioner moved to dismiss the action,1 primarily on…