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Ridley v. Turner

The trial court did not err in denying the appellants' motion for new trial after a jury awarded the appellees $90,000 in their trespass and nuisance action, in which they alleged that erosion from grading and construction on the appellants' property caused sediment deposits in their pond.

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The appellees, Charles and Tim Turner, commenced this trespass and nuisance action against the appellants, Donald and Ronald Ridley, alleging erosion from grading and construction on the Ridleys’ property caused sediment deposits in the Turners’ pond. A jury awarded the Turners $80,000 on the trespass claim and $10,000 on the nuisance claim, and this appeal followed the trial court’s denial of the Ridleys’ motion for new trial.

The Turners’ property was comprised of approximately 40 acres with a six-and-a-half acre pond, which they purchased for $100,000 in 2003. The Ridleys subsequently bought the adjacent property and started preparing the site for a propane business some time between 2004 and 2005.The actual construction of the building began in late 2007. Heavy rains for three days in November 2007 during the construction dumped sediment from the Ridleys’ property into the Turners’ pond.

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