Opinion Flash

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00	New Opinion(s) from the Tennessee Supreme Court
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

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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