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Today's Opinions: January 12, 2005
Volume 11 — Number 007
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.
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
05 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

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Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. • Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. • 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.

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


RONDA GAW BRADY, ET AL. v. JAMES DONALD CALCOTE, ET AL.

Court:TCA

Attorneys:                          

David Day, Cookeville, TN; D. Michael Kress, II, Sparta, TN, for
Appellant

Daniel H. Rader, III, L. Dean Moore, Cookeville, TN, for Appellees

Judge: HIGHERS

First Paragraph:

This appeal arises out of a shareholder derivative action brought by
Appellant in behalf of Community Bank of the Cumberlands against the
Appellees, the directors and chief financial officer of the Bank.  The
trial court granted the Appellee's motion to dismiss and further
awarded Appellees their attorney's fees and the Bank its expenses for
a Special Litigation Committee.  Appellant seeks review by this Court,
and, for the following reasons, we affirm in part, reverse in part,
and remand for further proceedings consistent with this opinion

http://www.tba.org/tba_files/TCA/bradyrondagaw.wpd

CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS, ET AL. v. SHELBY COUNTY,
TENNESSEE, ET AL.

Court:TCA

Attorneys:                          

Edward M. Bearman, Memphis, TN, for Appellant, Highway 64 Partners,
LLP

Shelby R. Grubbs, Ryan A. Kurtz, Chattanooga, for Appellee Cellco
Partnership d/b/a Verizon Wireless

Gordon B. Olswing, Memphis, TN, for Appellees, Shelby County,
Tennessee and the Light, Gas And Water Division of the City of
Memphis, TN

Judge: HIGHERS

First Paragraph:

In this case we are asked to construe several instruments related to a
parcel of real property.  In 1976, Shelby County obtained title to a
parcel of property conveyed out of a larger tract and proceeded to
construct a water tower on the property.  From 1976 to 1982, Shelby
County used a gravel road traversing the adjacent lot retained by the
original grantor to gain access to the water tower.  In 1982, the
original grantor proceeded to execute a document purporting to grant
Shelby County an easement over the gravel road.   The original grantor
subsequently conveyed the adjacent parcel to a third party, Highway 64
Partners.  In 1995, Shelby County entered into a lease agreement with
Verizon, allowing Verizon to install a cellular communications antenna
on the water tower and granted Verizon an easement over the gravel
road.  Highway 64 Partners protested Verizon's use of the gravel road.
 Verizon filed a declaratory judgment action seeking a declaration of
the parties' rights regarding the gravel road.  The trial court
granted summary judgment to Verizon and Shelby County, and denied
summary judgment to Highway 64 Partners.  We affirm.

http://www.tba.org/tba_files/TCA/cellcopart.wpd

SHELIA L. GODWIN v. FRED SANDERS

Court:TCA

Attorneys:                          

Shelia L. Godwin, Appellant, pro se

Fred Sanders, Appellee, (no brief filed; no representation)

Judge: HIGHERS

First Paragraph:

This case arises out of a petition to reopen paternity proceedings
filed by Appellant.  When Appellee refused to submit to a DNA test,
Appellant filed a petition to find Appellee in contempt of court.  The
trial court refused to find Appellee in contempt and determined that
Appellee need not submit to a DNA test.  Appellant filed her notice of
appeal and seeks review by this Court.  For the following reasons, we
affirm the trial court.

http://www.tba.org/tba_files/TCA/godwinshelial.wpd

LAMAR TENNESSEE, LLC, d/b/a LAMAR ADVERTISING OF NASHVILLE v. THE CITY
OF HENDERSONVILLE

Court:TCA

Attorneys:                          

John R. Bradley, Hendersonville, TN, for Appellant

Lawrence P. Leibowitz, Rebecca G. Bond, Knoxville, TN, for Appellee

Judge: HIGHERS

First Paragraph:

In 1987, a billboard advertising company obtained a permit to
construct a billboard, approximately seventy-five (75) square feet in
size, along a stretch of roadway in Hendersonville, Tennessee.  At the
time of issuance, the applicable zoning ordinance stated the billboard
could not exceed eighty (80) square feet in size.  Later that same
year, the city passed a new zoning regulation providing that
billboards could no longer be erected in the area as a primary use. 
Instead, billboards could only be erected as an accessory use to
another primary use on the premises.  The new zoning ordinance did not
change the maximum allowable size of a billboard, which remained at
eighty (80) square feet.  Subsequent to the enactment of the new
ordinance, the billboard company filed for a permit, pursuant to
section 13-7-208 of the Tennessee Code, seeking to demolish the
existing billboard and construct a new billboard, at 220 square feet
in size, in its place.  When the city denied the permit, the billboard
company filed an action in the chancery court seeking a declaratory
judgment, writ of mandamus, and permanent injunction.  The billboard
company also filed a motion for summary judgment, which the chancery
court granted.  The city filed an appeal to this court.  We reverse.

http://www.tba.org/tba_files/TCA/lamartnllc.wpd

MID-CENTURY INSURANCE COMPANY v. VIRGINIA WILLIAMS, ET AL.
WITH DISSENTING OPINION

Court:TCA

Attorneys:                          

Ronald L. Harper and Alicia Y. Cox of Memphis For Appellant,
Mid-Century Insurance Company

Lloyd R. Tatum of Henderson For Appellees, Futrell and Spencer Harriet
S. Thompson of Bolivar For Appellees, Virginia and Jerry Williams

Judge: CRAWFORD

First Paragraph:

Appellant, an insurance company, appeals from trial court's judgment
finding that the business pursuit and home care service exclusions to
personal liability coverage in a homeowners insurance policy did not
exclude coverage for accidental death of child who drowned in a
bathtub while in the care of Appellee. Trial court found that
Appellee's arrangement to care for decedent was not a business pursuit
or home care service within the meaning of the insurance contract, but
rather was an informal type of babysitting motivated by love and/or
favor for deceased child's parents. Appellant contends that motivation
by profit was irrelevant to whether Appellee was engaged in a business
pursuit or home care service, that the evidence preponderates against
the trial court's fact findings, and that trial court erred in finding
for Appellees. We reverse the judgment of the trial court, finding
that the business pursuit and home care service exclusions do bar
coverage under the homeowners policy.

http://www.tba.org/tba_files/TCA/midcenturinsco_opn.wpd

DISSENTING OPINION
http://www.tba.org/tba_files/TCA/midcenturinsco_dis.wpd

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