Ronald and Sherry Windrow v. Middle Tennessee Electric Membership Corporation

OPINION

in which ALAN E. HIGHERS, P.J., W.S., and J. STEVEN STAFFORD, J., joined.

Facts and Prooeedings Below

This appeal involves a nuisance claim. The plaintiff landowners filed a nuisance action against the defendant electrical cooperative, alleging that the cooperative’s electrical substation, built near the plaintiffs’ home, constituted a nuisance. The electrical cooperative filed a motion to dismiss, alleging that the landowners’ claim was in actuality a claim for inverse condemnation that was time-barred, and that they were precluded from asserting a tort claim for nuisance. The trial…