Beal v. Western Farmers Electric Cooperative

KENNETH L. BUETTNER, Judge.

1 Plaintiffs/Appellants Billy Joseph Beal and Ella Kay Beal ("Landowners") contend that the trial court erred in granting Defendant/Appellee Western Farmers Electric Cooperative's (WFEC) Motion to Dismiss on the grounds of failure to state a claim upon which relief can be granted and another action pending between the parties for the same claims, viz., condemnation. Specifically, Landowners argue that their tort causes of action should not have been dismissed. We disagree and affirm.

{2 Landowners filed their First Amended Petition September 2, 2004 alleging several…