Pate v. City of Martin

614 S.W.2d 46 (1981)

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Pate v. City of Martin

Tennessee Supreme Court
614 S.W.2d 46 (1981)

  • Written by Tammy Boggs, JD

Facts

In 1969, the City of Martin (defendant) built a sewage lagoon. Sewage from the city’s sewer system was piped into the lagoon. In the first two or three years of operations, raw sewage properly sunk to the bottom of the lagoon, where it decomposed through bacterial action and emitted few or no noticeable odors. Subsequently, the lagoon developed a thick scum that floated on top of the water and emitted a highly offensive odor that interfered with nearby habitation. The odors were capable of being remedied by adding enzymes to assist in sewage decomposition and by churning the surface scum. The city received complaints of the lagoon’s appearance and smell. For a few months after receiving complaints, the city churned the scum using a motorboat, but then it stopped. Wendell and Mary Betty Pate (plaintiffs) owned property near the lagoon. The Pates sued the city seeking nuisance abatement and damages. The trial court found that the sewage lagoon was a permanent nuisance and awarded the Pates $10,000 in damages based on their property’s diminished fair market value. The trial court declined to issue an injunction, finding that it would be too harsh of a remedy. The appellate court concluded that the nuisance was temporary rather than permanent but dismissed the Pates’ action for failure to prove damages. The Tennessee Supreme Court reviewed the matter.

Rule of Law

Issue

Holding and Reasoning (Cooper, J.)

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