Kirby Farms Homeowners Ass'n v. Citicorp, Citibank, N.A.

McLEMORE, Special Judge.

Plaintiffs filed this class action against defendants in the Circuit Court for Shelby County seeking compensatory and punitive damages for alleged defects in and resulting damage to their condominium project. The complaint sought recovery under tort and contract theories. However, the trial court found the gravamen of plaintiffs’ complaint sought damages for injury to real property and held all claims barred by the three-year statute of limitation, T.C.A. § 28-3-105. 1 On appeal, plaintiffs contend the six-year statute of limitation, T.C.A.

§ 28-3-109, 2 governs their…