The Mississippi Supreme Court has upheld a Warren County Chancery Court decision dismissing the claim of a Vicksburg woman that she was owed compensation because of damage to her property caused 10 years ago by her then-neighbor. She also sought damages from the parcel’s subsequent owners.

Jane Pecanty, age unavailable, 805 Blossom Lane, and her husband entered into an agreement in April 2001 with VFW Post 10734, Inc., on Indiana Avenue, after the VFW excavated a nearby hill in 2000 and caused erosion to the Pecanty property.

The agreement called for the construction of a retaining wall on the Pecanty property, funded by the VFW. The wall was later found to have been inadequately engineered, but the VFW did not make corrections to it or give Pecanty further compensation.

Pecanty’s husband subsequently became ill, and the VFW property was acquired by Mississippi Southern Bank, as merged with State Bank and Trust Company of Cleveland, and later by Jimmy and Sheila Tarver.

The Supreme Court’s ruling states that Pecanty “began focusing all of her attention on her husband’s convalescence,” and after his death in 2006 began working again to get the erosion and wall corrected.

Eventually, she filed a complaint in Warren County Chancery Court against the VFW as well as the bank and later added the Tarvers to the action. She sought monetary damages as well as corrections to the retaining wall.

Defense attorneys for the bank and for the Tarvers claimed the complaint fell outside the three-year statute of limitations. The Chancery Court agreed, dismissing the complaint, a decision Pecanty appealed.

Ruling Tuesday, the Supreme Court upheld the Chancery Court decision, “finding no liability” on their parts for the damages to Pecanty’s property.

The building is now used as a day care.