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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