Opinion FlashFebruary 13, 2002
Volume 8 Number 028
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.
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Howard H. Vogel
BOARD OF COMMISSIONERS OF ROANE COUNTY v. JOE PARKER, et al. Court:TCA Attorneys: Steven Douglas Drinnon, Dandridge, Tennessee, for the Appellants, Joe Parker, Mary Lynn Parker and Tiger Haven. Jack H. McPherson, Jr., Kingston, Tennessee, for the Appellee, Board of Commissioners of Roane County, Tennessee. Judge: INMAN First Paragraph: The Plaintiffs acquired a nine-acre tract of land zoned A-1, the General Agricultural District, which was the least restrictive zoning district in Roane County, and soon announced their intention to house a tiger thereon, a permissible use, which motivated the County to amend its Regional Zoning Ordinance by creating a new zoning district, A-2, with the permissible use declared to be the keeping thereon of exotic animals. Within three years the Plaintiffs had fifty or more exotic [Class I] animals on their nine-acre tract. They acquired three additional tracts which they requested be rezoned A-2 in order to expand their exotic animal sanctuary. Rezoning was refused and the Plaintiffs filed suit alleging the refusal was arbitrary and capricious; the County filed suit, seeking to enjoin the Plaintiffs from keeping more than one exotic animal - the tiger - on their nine-acre tract. The County prevailed in both actions. The judgment is reversed and the case is remanded for entry of judgment in accordance with this opinion. http://www.tba.org/tba_files/TCA/roaneparker.wpd
ALAN DALE BAILEY v. STATE OF TENNESSEE Court:TCCA Attorneys: Gerald L. Ewell, Jr., Tullahoma, Tennessee, for the Appellant, Alan Dale Bailey. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; and C. Michael Layne, District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, Alan Dale Bailey, appeals the Coffee County Circuit Court's denial of post conviction relief. The petitioner sought relief from his 1999 Coffee County convictions of aggravated burglary and sexual battery on the basis that his guilty pleas to those charges were unknowing and involuntary and were prompted by ineffective assistance of counsel. The petitioner's primary complaints focus upon trial counsel's failure to inform the petitioner about the impact of a conviction of a sexual offense, including the risk that parole might not be granted. The trial court denied relief after an evidentiary hearing, and we affirm. http://www.tba.org/tba_files/TCCA/baileya.wpd
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