October 2, 2001 Volume 7 — Number 181 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. 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 00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 08 New Opinion(s) from the Tennessee Court of Appeals 00 New Opinion(s) from the Tennessee Court of Criminal Appeals 00 New Opinion(s) from the Tennessee Attorney General (PDF format) 00 New Judicial Ethics Opinion(s) 00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility   There are three ways for TBALink members to get the full-text versions of these opinions from the Web: Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel Knoxville, Tennessee Editor-in-Chief, TBALink CORRECTED VERSION: IN THE MATTER OF: ALL ASSESSMENTS, REVIEW OF AD VALOREM ASSESSMENTS OF PUBLIC UTILITY COMPANIES FOR TAX YEAR 1999 IN THE MATTER OF: ALL ASSESSMENTS, REVIEW OF AD VALOREM ASSESSMENTS OF PUBLIC UTILITY COMPANIES FOR TAX YEAR 2000 Court:TCA Attorneys: Jean Dyer Harrison, Nashville, Tennessee, for the appellants, Tennessee County Government and Tennessee City Governments. Jeffrey Dean Moseley, Franklin, Tennessee, for the appellant, Williamson County, Tennessee. Robert B. Bolwing and Donnie E. Wilson, Memphis, Tennessee, for the appellant, Shelby County, Tennessee. James Charles, Paul D. Krivacka, Jennifer Clinard Surber and Karl Dean, Nashville, Tennessee, for the appellant, Metropolitan Government of Nashville and Davidson County. Jeffrey Dean Moseley, Franklin, Tennessee, for the appellant, Williamson County Government. Robert B. Bolwing, Memphis, Tennessee, for the appellant, Shelby County Government. Paul Stuart Parker and Kemper Harlan Dodson, III, Nashville, Tennessee, for the appellee, ANR Pipeline. Everett B. Gibson, Memphis, Tennessee, for the appellees, Colonial Pipeline Co., MCI Telecommunications, MCI Metro Access Transmission Services, Inc., and Norfolk Southern Railway Co. Thomas Arthur Scott and Suzanne S. Cook, Kingsport, Tennessee, for the appellees, Kingsport Power Co. and Appalachian Power Co. Brigid M. Carpenter, Nashville, Tennessee, James W. McBride, Washington, D.C., and Stephen Door Goodwin, Memphis, Tennessee, for the appellee, Coalition of Public Utilities. Paul G. Summers, Attorney General & Reporter; and Jimmy G. Creecy, Chief Special Counsel, Nashville, Tennessee, for the appellee, Tennessee State Board of Equalization. Richard W. Bell, Atlanta, Georgia, for the appellee, BellSouth Corporation. Judge: CAIN First Paragraph: In these consolidated cases, a consortium of counties and cities appeals the actions of the Tennessee State Board of Equalization in reducing public utility assessments by fifteen per cent. Acknowledging that all sub-constitutional issues involved in the cases have been foreclosed by the decision of the Tennessee Supreme Court in In Re: All Assessments 1998, No. M1998-00243-SC- R11-CV, 2000 WL 1710174 (Tenn. Nov. 16, 2000), Appellants challenge the constitutionality of Tennessee Code Annotated section 67-5-903(f) and section 67-5-1302(b)(1). We hold both sections of the Code to be constitutional and affirm the decision of the Tennessee State Board of Equalization. http://www.tba.org/tba_files/TCA/allassessments.wpd JAMES S. HILL, et ux. v. CHARLES LAMBERTH, et al. Court:TCA Attorneys: John b. Link, III, Nashville; Jerre M. Hood, Winchester, For Appellants Kent Krause, Lisa D. York, Nashville, For Appellees Gregory D. Smith, Clarksville, For Appellee, Sheila Cathey Judge: CRAWFORD First Paragraph: In this negligence action, plaintiff and his wife sued defendants, county school board and parents of several juveniles, for damages resulting from an eye injury he sustained when he was struck by a rock while attending a high school football game. The trial court granted summary judgment to defendant school board. Plaintiff appeals. We affirm. http://www.tba.org/tba_files/TCA/hilljam.wpd HUMPHREYS COUNTY UTILITY DISTRICT v. SCHATZ UNDERGROUND CABLE, INC. Court:TCA Attorneys: D. Andrew Saulters, Nashville, For Appellant, Schatz Underground Cable, Inc. Dan R. Bradley, Waverly, For Appellee, Humphreys County Utility District Judge: CRAWFORD First Paragraph: In this negligence action, Plaintiff sued Defendant for damages in connection with the rupture of a gas line. Following a bench trial, the trial court entered judgment for Plaintiff. Defendant appeals. We affirm. http://www.tba.org/tba_files/TCA/humphreyscounty.wpd NORA DIANE MEADOWS v. TENNESSEE BOARD OF EMERGENCY MEDICAL SERVICES Court:TCA Attorneys: Paul G. Summers, Attorney General & Reporter; and John W. Dalton, Assistant Attorney General, Nashville, Tennessee, for the appellant, Tennessee Board of Emergency Medical Services. Richard M. Brooks, Carthage, Tennessee, for the appellee, Nora Diane Meadows. Judge: CAIN First Paragraph: The Tennessee Department of Health Board of Emergency Medical Services found Nora Diane Meadows, Petitioner, guilty of violating rules and regulations of the Tennessee Emergency Medical Services Act, and recommended revocation of the petitioner's Emergency Medical Technician's license. Petitioner was convicted of theft under $500.00. From the Board's decision to revoke her license, she appealed to the Chancery Court for Davidson County and that court reversed the Board's decision finding that there was no proof that the petitioner's offense involved moral turpitude. We reverse the Chancellor and reinstate the judgment of the Board. http://www.tba.org/tba_files/TCA/meadowsnora.wpd JERRY MOORE, et al. v. NASHVILLE ELECTRIC POWER BOARD (NES) Court:TCA Attorneys: Thomas E. Stewart; Thurman T. McLean, Jr., Madison, For Appellants Jerry Moore, John Bruce, and Charlie Spears Parks T. Chastain, Nashville, For Appellees Judge: CRAWFORD First Paragraph: Three civil service employees sued Nashville Electric Service and the individual members of the civil service board primarily for violation of the age provision of the Tennessee Human Rights Act resulting in their denial of promotions. The trial court granted summary judgment to defendant, and plaintiffs appeal. We affirm. http://www.tba.org/tba_files/TCA/moorejer.wpd BARRY SHAWN RALSTON v. GINA (RALSTON) HENLEY Court:TCA Attorneys: Larry Hayes, Jr., Nashville, for the appellant, Barry Shawn Ralston. Gregory D. Smith, Clarksville, Tennessee, for the appellee, Gina (Ralston) Henley. Judge: KOCH First Paragraph: This interlocutory appeal involves a dispute between divorced parents regarding the education of their eight- and ten-year-old daughters. Four years after the Circuit Court for Davidson County awarded the parents joint custody of their children with the mother receiving primary physical custody, the mother unilaterally decided to withdraw the children from public school and to home school them over the father's objection. After the trial court denied his request to enjoin the mother from removing the children from public school, the father perfected this Tenn. R. App. P. 9 appeal seeking review of the trial court's decision that the mother had the sole prerogative to make decisions regarding the children's education. We have determined that an interlocutory appeal will prevent needless, expensive, and protracted litigation. Accordingly, we grant the interlocutory appeal and vacate the trial court's order denying the father's petition to enjoin the mother from removing the parties' children from public school in accordance with Tenn. R. App. P. 10(b). http://www.tba.org/tba_files/TCA/ralstonbs.wpd WILLIAM B. SHEARRON, et al. v. THE TUCKER CORPORATION, et al. Court:TCA Attorneys: James D. Kay, Jr., John B. Enkema, Nashville, Tennessee, for the appellants, The Tucker Corporation and Richard Tucker, Individually. John L. Mitchell, Ross H. Hicks, for the appellees, William B. Shearron and Sandra Shearron. Gregory P. Patton, Clarksville, Tennessee, for the appellees, James Paul Richardson and wife, Evelyn Juanita Richardson, Estate of Joe L. Richardson, Jr., and Ruby I. Richardson. Judge: LILLARD First Paragraph: This is a nuisance case. The plaintiff landowners sued the developer of a subdivision adjacent to their property for digging a drainage ditch that caused frequent flooding. The defendant developer filed counter-claims, including an allegation that the plaintiffs and the previous owners of his property had conspired to breach the agreement to sell the property to the developer. The developer also argued that the city had taken steps to alleviate the flooding. The trial court found that the developer had created a permanent nuisance by changing the natural flow of water across his property, and dismissed the developer's counter-claims. On appeal, we affirm the trial court's finding of a nuisance, but conclude that the circumstances created both a temporary and a permanent nuisance, and remand for recalculation of damages based on this holding. http://www.tba.org/tba_files/TCA/shearronwb.wpd DAVID JONATHAN TULIS v. MIKE GREENE, Commisioner, Department of Safety Court:TCA Attorneys: David Jonathan Tulis, Pro Se Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Michael A. Meyer, Enforcement Division, Nashville, For Appellee Judge: CRAWFORD First Paragraph: This is an appeal from the trial court's order dismissing a petition for review of a final agency decision of the Tennessee Department of Safety affirming the denial of petitioner's driver's license renewal. The chancery court affirmed the Order of the Department of Safety denying the application for renewal. Petitioner has appealed. We affirm. http://www.tba.org/tba_files/TCA/tulisjon.wpd PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the intrsuctions at the beginning of this edition of Opinion Flash. JOIN TBALink! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! For the Plain Text Version: 1) Send an e-mail message to: Opinion-Flash@tba.org 2) In the SUBJECT of the message type: SUBSCRIBE 3) Leave the body of the message blank For the HTML Text Version: 1) Send an e-mail message to: Opinion-Flash@tba.org 2) In the SUBJECT of the message type: SUBSCRIBE HTML 3) Leave the body of the message blank UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! To STOP receiving TBALink Opinion-Flash: 1) Send an e-mail message to: Opinion-Flash@tba.org 2) In the SUBJECT of the message type: UNSUBSCRIBE 3) Leave the body of the message blank © Copyright 2001 Tennessee Bar Association