Reilley v. Board of Education of the County of Marshall (Signed Opinion)
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The Supreme Court reversed the judgment of the circuit court granting injunctive relief requiring Petitioners to remove a bridge and road that Respondent maintained after Petitioners brought this action for alleged flood damages caused to Respondent's property as a result of the construction of the road and bridge, arguing that they impeded the flow of Little Grave Creek, holding that the circuit court erred.
Specifically, the Supreme Court held (1) the circuit court properly found that Respondent had good cause for a delay in service; (2) the evidence was sufficient for the jury to find that construction of the road and bridge was the proximate cause of Respondent's damages; (3) the circuit court erred in denying Petitioners' motion for summary judgment on the basis of the relevant statute of limitations; and (4) the circuit court's order granting injunctive relief failed to contain appropriate findings of fact and conclusions of law.
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