Case Summaries 
of Importance to Counties

2016 Property

• Branham v. Metropolitan Government of Nashville, No. M2015-00455-COA-R3-CV (Tenn. Ct. App. 2016)—Homeowner sued Metro claiming that right-of-way work resulted in damage to homeowner’s property.  Homeowner alleged he notified Metro of issues within the right-of-way and was assured it would be taken care of.  Metro later removed soil, debris and vegetation from the right-of-way, which, according to the homeowner, resulted in further damage to his property.  At trial, Metro’s expert testified that the damage was caused by the rainfall in 2010 rather than any action or inaction on Metro’s part.  The trial court found for Metro on this issue and the Court of Appeals affirmed.  The Court of Appeals also upheld the trial court’s finding that the evidence did not support a claim for inverse condemnation.  The Court of Appeals did, however, reverse the trial court’s finding that Metro owned the property in question.  According to the Court, having a right-of-way interest in property is not the same as having an ownership interest in the property.  Rather, it is “a right an owner has to some lawful use of the real property of another.”  The Court also reversed the trial court’s finding that Metro’s actions in performing the right-of-way work was not intentional as required in an inverse condemnation claim.  According to the Court, the trial court was incorrect in ruling that the actions had to be performed with the intent to take the property.  Instead, the actions must only be purposeful or intentional actions that result in property damage (August 30, 2016).

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