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):
||New Opinion(s) from the Tennessee Supreme Court
||New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
||New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
||New Opinion(s) from the Tennessee Court of Appeals
||New Opinion(s) from the Tennessee Court of Criminal Appeals
||New Opinion(s) from the Tennessee Attorney General (PDF format)
||New Judicial Ethics Opinion(s)
||New Formal Ethics Opinion(s) from the Board of Professional Responsibility
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Howard H. Vogel
MIKE DICKSON v. STATE OF TENNESSEE, DEPARTMENT OF ENVIRONMENT AND
CONSERVATION, DIVISION OF UNDERGROUND STORAGE TANKS
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.
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.
Christopher M. Was and Robert B. Littleton, Nashville, Tennessee, for
the appellant, Maury County, Tennessee by and through Maury Regional
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.
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.
CITY OF SEVIERVILLE v. BILL GREEN, et al.
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
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.
SUSAN FORD (PURVIS) TURNER v. JEFFREY THOMAS PURVIS
Roger A. Maness, Clarksville, Tennessee, for the appellant, Susan Ford
Mark R. Olson, Clarksville, Tennessee, for the appellee, Jeffrey
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.
Taxation of Lottery Winnings
Date: April 7, 2003
Opinion Number: 03-040
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