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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