October 4, 1999
Volume 5 -- Number 136

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):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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

						
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/CERTLIST_1004.wpd



JUDICIAL ETHICS COMMITTEE ADVISORY OPINION NO. 99-6 Court:TSC - Rules Judge: Hayes First Paragraph: We have been asked to render an ethics opinion as to whether a part-time general sessions judge may serve as a certified Rule 31 mediator. See generally Sup. Ct. R. 31. http://www.tba.org/tba_files/TSC_Rules/99-6_opn.wpd
TOWN OF HUNTSVILLE, TENNESSEE a Municipal Corporation of the State of Tennessee and STANLODGE, LLC VS. WILLIAM I. DUNCAN, RICHARD SMITH, LUKE COFFEY, JAMES R. POTTER, all in their official capacity as members of the Scott County Election Commission; WILMA JEFFERS, HOWARD JEFFERS, FRED K. PHILLIPS, ALMA KOGER and GERALD FOSTER, all individually; THE TOWN OF HELENWOOD; and PAUL G. SUMMERS in his official capacity as Attorney General of the State of Tennessee, pursuant to Tennessee Code Annotated S 29-14-107 Court:TCA Attorneys: For Appellants For Appellees Wilma Jeffers, et al., Individually, and ANDREW R. TILLMAN Town of Helenwood Paine, Tarwater, Bickers & Tillman DAVID E. RODGERS Knoxville, Tennessee Kramer, Rayson, Leake, Rodgers & Morgan Oak Ridge, Tennessee For Appellees Scott County Election Commission and Attorney General & Reporter PAUL G. SUMMERS Attorney General and Reporter Nashville, Tennessee MICHAEL E. MOORE Solicitor General Nashville, Tennessee STEVEN A. HART Special Counsel Nashville, Tennessee ANN LOUISE VIX Senior Counsel Nashville, Tennessee Judge: SUSANO First Paragraph: This litigation originated when the Town of Huntsville ("Huntsville") and Stanlodge, LLC ("Stanlodge"), filed suit challenging the constitutionality of Chapter 1101 of the Public Acts of 1998. The plaintiffs specifically contest Section 9(f)(3) of Chapter 1101, which permits certain territories to hold incorporation elections even though these territories do not satisfy the minimum requirements for such elections as set forth in the general law. See T.C.A. S 6-1-201 (1998). On cross motions for summary judgment, the trial court granted summary judgment to the defendants, finding that Section 9(f)(3) is constitutional. http://www.tba.org/tba_files/TCA/huntsville_opn.wpd

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