Judgment ordering destruction of nearly complete structure due to restrictive covenant violation upheld on appeal. In Burkett v. Stevens, 684 S.W.3d 399, 401 (Tenn. Ct. App. 2023), the Tennessee Court of Appeals upheld a harsh ruling which ordered Defendant to abandon and destroy her nearly complete “cottage” in light of a restrictive covenant. The restriction had been imposed onto an … Read More
Developer Ordered to Cede Control to Homeowners’ Association
Appeals Court Sides with Homeowners in Pool Construction Lawsuit A recent decision sheds light on the ability of a subsequent purchaser of a subdivision (who we refer to as the “Developer” for simplicity’s sake) to usurp control of a development. Along with family members, the Developer sought to retain full control over architectural decisions of homeowners within the community without … Read More
Out of State, Not Out of Mind
Alabama Contractor Sued in Tennessee for Construction Defect on Alabama Project In a cautionary tale that some out-of-state contractors may find somewhat surprising, the Tennessee Court of Appeals recently ruled that a homeowner could sue an Alabama contractor in Davidson County regarding construction of a lake house in Muscle Shoals, Alabama. Baskin v. Pierce & Allred Constr., Inc., 2022 Tenn. … Read More