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Posted by: Karen Belcher on May 11, 2023

This appeal concerns the approval of a site plan. William Foehring, Janice Foehring, William Best, Mary Beth Best, Ron Terrill, and Sandra Terrill (“Petitioners”) filed a petition for common law writ of certiorari against the Monteagle Regional Planning Commission (“the Commission”) and RBT Enterprises, LLC (“RBT”)1 (collectively, “Respondents”) in the Chancery Court for Marion County (“the Trial Court”). Petitioners alleged that the Commission acted illegally, arbitrarily, and capriciously in approving the site plan at issue because the underlying zoning for one of the parcels is invalid. The Trial Court ruled in favor of Respondents. Petitioners appeal. In a parallel declaratory judgment action case arising out of the same facts, we determined that the underlying zoning is valid, which is dispositive of this appeal. We affirm the Trial Court.

Posted by: Stacey Shrader Joslin on May 11, 2023

Among the sessions being offered at the TBA’s Annual Convention June 14-17 in Knoxville is the Bench Bar Program, which brings together lawyers and judges. This year’s program will focus on the law and sports with sessions on leadership, the legal history of women’s basketball in the state and how new “name, image and likeness” rules are benefiting athletes. Speakers include Joan Cronan, University of Tennessee athletic director emeritus; Bill Haltom and Amanda Swanson, authors of "Full Court Press: How Pat Summitt, a High School Basketball Player, and a Legal Team Changed the Game"; and Knoxville lawyer E. Michael Brezina with Brezina Law PLLC. Learn more about convention programming and don’t forgot to register for the event.

Posted by: Karen Belcher on May 11, 2023

This is an appeal arising from allegations of fraud and breach of contract in a dispute surrounding a stock transfer agreement that, among other things, provided for the transfer of controlling interest in a law firm from attorney Robert Hill to attorney Ricky Boren. Whereas many claims were resolved at summary judgment, others were tried before a jury and resolved in the Plaintiffs’ favor. The parties present a plethora of issues for our consideration, and for the reasons stated herein, we affirm the judgment of the trial court and remand the case for further proceedings consistent with this Opinion.

Posted by: Stacey Shrader Joslin on May 11, 2023

The Legal Aid Society of Middle Tennessee and the Cumberland will hold a free legal clinic in Oak Ridge on Tuesday from 4-6 p.m. EDT. The clinic will take place at the LAS office, 575 Oak Ridge Turnpike, Ste. 201, Oak Ridge 37830. The general civil clinic will assist clients with issues such as landlord/tenant disputes, family law, estate planning and debt collection. Those in need of assistance should register online. Contact Kendra Cheek at 800-238-1443 or kcheek@las.org to volunteer. See all clinics planned for May.

Posted by: Stacey Shrader Joslin on May 11, 2023

The Arts & Business Council's Volunteer Lawyers and Professionals for the Arts is joining the law firm of Bradley Arant Boult Cummings to provide free legal services for nonprofits and Black-owned small businesses in Nashville on May 18. Advice will cover business formation, corporate governance, contracts and navigating local ordinances and state regulations. Eligible entities may receive up to one hour of assistance. Clients should sign up online. Attorneys should email vlpa@abcnashville.org to volunteer.

Posted by: Stacey Shrader Joslin on May 11, 2023

Tennessee Attorney General Jonathan Skrmetti, in partnership with the attorneys general of Massachusetts, Oklahoma and Washington, D.C., is leading a coalition of states urging Congress to prioritize investment in the Legal Services Corporation (LSC) in the federal FY 2024 budget. A letter to congressional leaders signed by 37 states highlights the vital role the LSC plays in delivering civil legal assistance to those most in need. “The powerful impact of LSC’s work cannot be overstated, particularly in rural areas that tend to have the highest poverty rates in our country,” the group writes. The Legal Services Corporation (LSC) is asking Congress for $1.5 billion for the next fiscal year.

Posted by: Paul Burch on May 11, 2023

The Biden administration yesterday announced a new rule requiring that migrants seeking asylum in the U.S. must first seek protection in another country that offers asylum, The Hill reports. The current rule, known as Title 42 which is set to expire today, allows for the rapid expulsion of migrants without allowing them to first seek asylum. The administration announced it is creating regional processing centers throughout Central America to assist migrants in assessing if they are eligible for a legal pathway into the U.S. Also today, the U.S. House of Representatives passed a bill that would limit asylum protections, stimulate the hiring of border agents, and authorize funding to finish building a border wall, though the measure likely will face opposition in the Senate and by the White House.

Posted by: Paul Burch on May 11, 2023

The U.S. Court of Appeals for the Federal Circuit announced on Friday that Judge Pauline Newman is under investigation by the court for allegedly failing to carry out her duties and for showing signs of cognitive and physical impairment. Newman, 95, is the oldest active federal judge. According to Reuters, Circuit Chief Judge Kimberly Moore signed an order that a three-judge committee had determined that Judge Newman may "suffer a disability that interferes with her ability to perform the responsibilities of her office.” Yesterday, Newman sued Moore and others in an effort to block the investigation.

Posted by: Paul Burch on May 11, 2023

Gov. Bill Lee signed into law a $230 million school safety funding package yesterday intended to boost security at public and private schools, the Tennessean reports. The bill includes funds for increasing security collaboration with state and local law enforcement and for required emergency drills. The bill was filed prior to the shooting at the Covenant School in Nashville on March 27, which killed three adults and three children.

Posted by: Paul Burch on May 11, 2023

The Tennessean in partnership with NewsChannel 5 will host a series of mayoral candidate debates beginning May 18 at the Belmont University Fisher Center for the Performing Arts. Tickets are free. The 90-minute debate will feature nine candidates who have qualified by raising at least $50,000 in campaign funds. Debates will continue through July. Early voting begins Aug. 3. An additional debate will take place in late August in the event of a runoff election. Read more from the Tennessean.


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