Opinion Flash

April 9, 2003
Volume 9 — Number 063

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

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
04 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink




Carthel L. Smith, Jr., Lexington, Tennessee, for the appellant, Mike

Paul G. Summers, Attorney General and Reporter; Barry Turner, Deputy
Attorney General, for the State of Tennessee.                        


First Paragraph:

The main question we must decide on this appeal is whether Article VI
S 14 of the Tennessee Constitution prohibits a state agency from
imposing a fine of more than $50.  The Chancery Court of Davidson
County held that Article VI S 14 did not apply to administrative
agencies and that, in any event, a $15,000 fine assessed by the
Tennessee Petroleum Underground Storage Tank Board was remedial and
not punitive.  We hold that the predominant purpose of the fine was
punitive but that Article VI S 14 does not apply to the Board. 
Therefore we affirm the lower court's judgment affirming the
assessment of the fine.

MAURY COUNTY, TENNESSEE by and through MAURY REGIONAL HOSPITAL v. TENNESSEE STATE BOARD OF EQUALIZATION, ET AL. Court:TCA Attorneys: Christopher M. Was and Robert B. Littleton, Nashville, Tennessee, for the appellant, Maury County, Tennessee by and through Maury Regional Hospital. Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; and Mary Ellen Knack, Assistant Attorney General, for the appellee, Tennessee State Board of Equalization. Robert O. Binkley, Lewisburg, Tennessee, for the appellee, Marshall County, Tennessee and Marshall County Assessor of Property. Robyn E. Smith and William B. Hubbard, Nashville, Tennessee, for Tennessee Hospital Association and William L. Penny, Nashville, Tennessee, for Hospital Alliance of Tennessee. Judge: CAIN First Paragraph: Following a de novo hearing pursuant to Tennessee Code Annotated section 67-5-1511(b), the Chancery Court of Davidson County upheld the final decision of the Assessment Appeals Commission of the Tennessee State Board of Equalization in a determination that property owned by Maury Regional Hospital and located in Marshall County, Tennessee was subject to ad valorem taxation by Marshall County. Maury Regional Hospital appeals the decision of the Chancellor. The decision of the trial court is reversed, and the Marshall County property known as Marshall Medical Center is held to be exempt from ad valorem taxation. http://www.tba.org/tba_files/TCA/maurycounty.wpd
CITY OF SEVIERVILLE v. BILL GREEN, et al. Court:TCA Attorneys: Linda J. Hamilton Mowles, Knoxville, Tennessee, for the Appellant, City of Sevierville Robert L. Ogle, Sevierville, Tennessee, for the Appellees, Bill Green, Claudine Green, Dallas Coffman, and Jean Coffman Judge: GODDARD First Paragraph: This appeal from the Sevier County Circuit Court questions whether the Trial Court erred in awarding landowners compensation for incidental damages to their property because the City of Sevierville changed the frontage access to their property from unlimited access to restricted access. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/sevierv2.wpd
SUSAN FORD (PURVIS) TURNER v. JEFFREY THOMAS PURVIS Court:TCA Attorneys: Roger A. Maness, Clarksville, Tennessee, for the appellant, Susan Ford (Purvis) Turner. Mark R. Olson, Clarksville, Tennessee, for the appellee, Jeffrey Thomas Purvis. Judge: COTTRELL First Paragraph: Mother appeals from a trial court modification of the custody and visitation arrangement which had been in place since the divorce in 1997. The previous arrangement gave Mother primary residential custody, and Father was to have liberal visitation as agreed upon by the parties. After declining to adopt the parenting plan submitted by either Mother or Father, the trial court devised a plan establishing a specific residential schedule. Mother argues that there was not a material change of circumstances that warranted the trial court's decision. Because we determine that a material change in circumstances occurred and because the modification of the custody arrangement was in the best interests of the children, we affirm the decision of the trial court. http://www.tba.org/tba_files/TCA/turners.wpd
Taxation of Lottery Winnings Date: April 7, 2003 Opinion Number: 03-040 http://www.tba.org/tba_files/AG/2003/OP40.pdf

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