Pate v. City of Martin

OPINION

COOPER, Justice.

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 chancellor’s finding that the lagoon, as maintained, is a nuisance; however, the court classed the nuisance as temporary…