McMinnville, TN asked in Land Use & Zoning and Animal / Dog Law for Tennessee

Q: Livestock Roaming At Large Summons filed against my neighbor—Can I request restitution for damages to landscaping?

I presented landscaping pictures of before and after the poultry damaged the property via Email, including a video of chicken digging in. The Assistant DA refused to see the damages. Poultry repeated scratched for food for 3 months in our Landscaping and flower beds.

1 Lawyer Answer
Anthony M. Avery
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  • Real Estate Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: If DA refuses to seek restitution, that is his discretion, not yours. If defendant convicted, then it is res judicata on the issue of property tort damage. But you will need to put on proof of money damages.

And you can file your own civil suit in General Sessions. However collecting on a judgment may be impossible. Does neighbor own the land? If so, at least a Judgment Lien could be recorded.

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