September 3, 1999
Volume 5 -- Number 121

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
01 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
04 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink


RITA L. ENGLAND
VS.
CIGNA INSURANCE COMPANY

Court:TSC

JUDGMENT ORDER

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.

http://www.tba.org/tba_files/TSC/engld_jo.wpd.WP6



JANE H. RALLS VS. WILLIAM M. COATS Court:TCA Attorneys: RICHARD DANCE, 3200 West End Avenue, Suite 101 Nashville, Tennessee 37203 Attorney for Plaintiff-Appellee LUCIEN DALE 121 30th Avenue South P.O. Box 120315 Nashville, Tennessee 37212 Attorney for Defendant-Appellant Judge:FRANKS First Paragraph: In this action alleging breach of contract, the Trial Judge granted the plaintiff summary judgment for damages for breach of contract in the amount of $12,180.24. Defendant has appealed. http://www.tba.org/tba_files/TCA/Rallsj_opn.WP6
KEVIN SANDERS and PATRICIA SANDERS VS. LINCOLN COUNTY and STEVE GRAHAM, Chairman of Lincoln County Commission Court:TCA Attorneys: Kevin Sanders, Pro Se Gregory H. Oakley, MANIER & HEROD, Nashville, Tennessee Attorney for Defendants/Appellees. Judge:FARMER First Paragraph: Plaintiffs Kevin and Patricia Sanders appeal the trial court's judgment which dismissed their complaint against Defendants/Appellees Lincoln County and Steve Graham, Chairman of the Lincoln County Commission, based upon the court's rulings that the complaint failed to state an equal protection claim against the Defendants and, alternatively, that the Sanders' equal protection claim was barred by principles of res judicata. We conclude that both of these rulings were in error and, thus, we reverse the trial court's judgment and remand this cause for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCA/Sandrske_opn.WP6
WILLAMETTE INDUSTRIES, INC. VS. TENNESSEE ASSESSMENT APPEALS COMMISSION, WAYNE COUNTY ASSESSOR OF PROPERTY, and WAYNE COUNTY TRUSTEE Court:TCA Attorneys: For Appellant For Appellee Tennessee Assessment Appeals Commission JERRY C. SHELTON Lyell, Seaman & Shelton PAUL G. SUMMERS Nashville, Tennessee Attorney General & Reporter Nashville, Tennessee SEAN D. CLANCY Assistant Attorney General Nashville, Tennessee For Appellees Wayne County Assessor of Property and Wayne County Trustee JAMES Y. ROSS, SR. Waynesboro, Tennessee Judge:SUSANO First Paragraph: The petition in this case seeks judicial review of real property valuations established by a final order of the Tennessee Assessment Appeals Commission ("AAC"), a body created by the State Board of Equalization to hear "appeals regarding the assessment, classification and value of property for purposes of taxation." T.C.A.S 67-5-1502(a). The AAC's order in the instant case fixed, for ad valorem tax purposes, the separate values of 15 parcels of Wayne County woodland owned by the petitioner, Willamette Industries, Inc. ("Willamette"). Upon review of the AAC's order, the trial court held, among other things, that the appraisal methodology utilized by the AAC was not per se contrary to Tennessee law, and that the record contained substantial and material evidence to support the AAC's valuations based upon that methodology. http://www.tba.org/tba_files/TCA/Wilameti_opn.WP6
WILSON COUNTY YOUTH EMERGENCY SHELTER, INC. VS. WILSON COUNTY AND WILSON COUNTY BOARD OF ZONING APPEALS Court:TCA Attorneys: For Appellant For Appellees RANDLE W. HILL, JR. MICHAEL R. JENNINGS Nashville, Tennessee Lebanon, Tennessee Judge:SUSANO First Paragraph: The Wilson County Board of Zoning Appeals ("the BZA") denied the petition of Wilson County Youth Emergency Shelter, Inc. ("the Shelter") for a use on review to construct a group home on 5.46 acres of property in Wilson County. The Shelter proposes to move its existing facility in the county to the new location. On petition for certiorari, the trial court affirmed the action of the BZA. The Shelter appeals, arguing that the BZA's decision was illegal, arbitrary, and beyond its jurisdiction. By way of a separate issue, the Shelter argues that there is no material evidence to support the BZA's denial of its petition. http://www.tba.org/tba_files/TCA/Wilsonco_opn.WP6

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