Stewart v. City of Pineville

YELVERTON, Judge.

Clarence and Rosa Mae Stewart, husband and wife, sued the City of Pineville for damages allegedly resulting from the City’s construction of a water pumping facility on a lot adjacent to their home. The City of Pineville reconvened claiming that the plaintiffs’ driveway encroached upon City property.

After a trial, the trial court found in favor of plaintiffs with respect to their claim that the noise made during construction of the facility was a nuisance, and for this awarded them $1,000 in damages. The trial court disallowed their claims that their property had been…