Sherrod v. Dutton

OPINION

FRANKS, Judge.

In this action to abate as a nuisance the operation of a go-cart racetrack by the de*118fendant, the trial judge found no nuisance and dismissed the suit. Plaintiffs-homeowners have appealed.

Plaintiffs own a small farm improved by a dwellinghouse and barn in the Oral Community with frontage on U.S. Highway 70 near Kingston, Tennessee. Defendants own an adjoining tract of land where, in 1980, the defendant constructed a dirt racetrack for commercial operation, which is located approximately 150 yards from the plaintiffs’ dwelling. An access road to the track from Highway 70…