Mason v. Town of Fletcher

TIMMONS-GOODSON, Judge.

Robert L. Mason, Joseph D. Brigman and his wife, Margaret H. Brigman (collectively “plaintiffs”), appeal from judgment by the trial court concluding that the Town of Fletcher and City of Hendersonville (collectively “defendants”) did not trespass when they installed a water line adjacent to a public road fronting plaintiffs’ property. The facts pertinent to this appeal are as follows: On 25 June 1999, plaintiffs filed a complaint for trespass and inverse condemnation in Henderson County Superior Court. Plaintiffs alleged that defendants had unlawfully constructed a…