October 7, 1999
Volume 5 -- Number 139

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
01 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


Court:TSC - Workers Comp Panel


For the Appellant:              For the Appellee:

Stuart F. James                 Phillip A. Fleissner
Manuel & James, PLLC            David C. Nagle
Suite 702, James Building       800 Vine Street
735 Broad Street                Chattanooga, TN  37403
Chattanooga, TN  37402


First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.


JOANNE THOMPSON BARRETT VS. MARILYN YOUNG HIL Court:TCA Attorneys: JEFF REED MURFREE, COPE, HUDSON & SCARLETT 16 Public Square North P.O. Box 884 Murfreesboro, TN 37133 ATTORNEY FOR THE PLAINTIFF/APPELLEE DONALD ARKOVITZ 332 White Bridge Road Nashville, TN 37209 ATTORNEY FOR THE DEFENDANT/APPELLANT Judge:COTTRELL First Paragraph: This case involves a dispute between neighbors over a sewer line. The Defendant, Marilyn Hill, appeals the trial court's finding of an easement by implication in favor of the Plaintiff, Joanne Barrett, across Ms. Hill's property for the purpose of connecting Ms. Barrett's property to the city sewer line. We affirm the trial court. http://www.tba.org/tba_files/TCA/BARRETT_OPN.WPD
IN RE: ESTATE OF WARREN GLENN BROWN VS. JOE BROWN Court:TCA Attorneys: JIMMY P. LOCKERT 105 SYCAMORE STREET ASHLAND CITY, TENNESSEE 37105 THOMAS F. BLOOM 500 CHURCH STREET 5TH FLOOR NASHVILLE, TENNESSEE 37219 ATTORNEYS FOR PETITIONER/APPELLANT HENRY F. TODD, JR. TODD, SPENCER & ATKINS 404 EAST COLLEGE STREET DICKSON, TENNESSEE 37055 ATTORNEY FOR RESPONDENT/APPELLEE Judge:COTTRELL First Paragraph: In this case, the decedent's grand niece, Candice Mathis, the petitioner, appeals the trial court's finding that she failed to establish, by clear and convincing evidence the lost or destroyed will of her grand uncle, Warren Brown. The trial court ordered that the administration of the estate proceed as an intestate estate. For the following reasons, we reverse. http://www.tba.org/tba_files/TCA/Brown_Opn.WPD
DON BRUNETTI VS. BOARD OF ZONING APPEALS OF WILLIAMSON COUNTY Court:TCA Attorneys: MARK C. ADAMS 136 4th Avenue South Franklin, Tennessee 37064 ATTORNEY FOR PLAINTIFF/APPELLANT DOUGLAS A. BRACE, REBECCA C. BLAIR Ortale, Kelley, Herbert & Crawford Third Floor, Noel Place 200 Fourth Avenue, North Nashville, Tennessee 37219 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge:COTTRELL First Paragraph: This is an appeal of the trial court's affirmance, in a writ of certiorari action, of a decision of the Williamson County Board of Zoning Appeals interpreting and applying provisions of the Williamson County Zoning Ordinance. The Appellant, Mr. Brunetti, is a neighbor of Mr. Brian Sanders, and objects to the operation of two grain bins (sometimes referred to as silos) on Mr. Sanders's 5-acre parcel in Williamson County, which is zoned "Estate." The Board of Zoning Appeals interpreted state statute and local ordinance to allow this "agricultural" use. We affirm. http://www.tba.org/tba_files/TCA/BRUNETTI_Opn.WPD
WILLIAM JONES VS. JEFF REYNOLDS, COMMISSIONER, TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: William Jones, Pro Se Paul G. Summers, Attorney General & Reporter Patricia C. Kussmann, Assistant Attorney General For Respondents/Appellees. Judge:FARMER First Paragraph: Plaintiff William Jones appeals the trial court's order granting the motion for summary judgment filed by the Commissioner of the Tennessee Department of Correction in this dispute over the Department's calculation of Jones' sentence reduction credits. We affirm the trial court's judgment. http://www.tba.org/tba_files/TCA/joneswi_opn.WPD

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