This appeal concerns claims for nuisance, intentional infliction of emotional distress, and enforcement of a local zoning ordinance. The plaintiff, Howard Levy, alleged that his neighbor, James Franks, engaged in an intentional and malicious course of conduct that included paving over a corner of Levy’s property, building a wooden fence along Levy’s property line, and routing construction vehicles over the parties’ shared driveway. Levy also alleged that the fence violated the Zoning Ordinance of Franklin, Tennessee, and that Franks was operating a construction company on his property in violation of the same. The trial court dismissed Levy’s fence-zoning claim at the summary judgment stage because he had not produced evidence that he was “specially damaged” as required by Tennessee Code Annotated § 13-7-208(a)(2). At the close of Levy’s proof during the bench trial, the court dismissed the remaining claims pursuant to Tennessee Rule of Civil Procedure 41.02. The court also enjoined Levy from interfering with the installation of underground power lines under Tennessee Rule of Civil Procedure 65.04(2). This appeal followed. We conclude the trial court was without jurisdiction to enter the injunction, which was unrelated to any of the underlying claims, but we affirm the trial court’s judgment in all other respects.

Still looking for ethics credits before Dec. 31? The Tennessee Bar Association is bringing you "12 Days of Ethics," featuring innovative and engaging programs you won’t want to miss. Choose from courses with fun titles and unique themes, including True Crime Stories; Friends…An Ethical Sitcom?; From Bonnie and Clyde, to Bernie Madoff — What the Biggest Thieves in History Teach About Attorney Ethics; Taylor Swift is a Genius. Even About Legal Ethics; What Emojis Teach About Lawyer Legal Ethics; Cat Proverbs and Attorney Ethics; and What Overrated Rock Bands Teach About Attorney Ethics. Be sure to check TBA’s social media channels over the next 12 weekdays to see the available programs. Visit Instagram, Facebook or LinkedIn with the hashtag #TBA12Days, or browse the TBA CLE Course Catalog for a full preview of more than 200 CLE programs by Tennessee lawyers for Tennessee lawyers.

TBA is offering a CME and CLE Year End Package, which includes Mediation Ethics providing 4 dual credits and 4.75 general credits. Designed for Tennessee lawyers, the package offers quick, convenient and quality CLE opportunities to meet both CME and CLE requirements. Topics covered include dispute resolution updates, artificial intelligence, best practices in mediation and arbitration, ethics grievances and more. To learn more about this package and the courses included, visit TBA’s website.

TBA’s Board of Professional Responsibility (BPR) will host the "Ethics Update: Current Developments" webcast on Dec. 9 from 2 to 3 p.m. CST. Eric Fuller from the BPR will lead the session, offering a review of the latest ethics updates. For more information and to register, visit TBA’s website.

A new site on Vine Street is being considered for a proposed federal courthouse in Chattanooga. According to the Chattanoogan, the U.S. General Services Administration (GSA) announced two shortlisted sites: the Hawk Hill Stadium site and the TVA site, and has added an additional location for consideration, which requires an environmental assessment (EA). The proposed courthouse would include seven courtrooms, nine chambers and 40 secured parking spaces, and would be located within the city limits of Chattanooga. The public is encouraged to submit written comments on the findings presented in the draft supplemental EA and draft "Finding of No Significant Impact" (FONSI). Any substantive comments received by the Dec. 18 deadline will be addressed in the final EA. Information on how to submit comments can be found on the GSA website.

Attorney Timothy Williams Flohr died recently at the age of 46. Flohr earned his law degree from the University of Memphis School of Law and practiced in Greeneville for several years before moving out of state. He was also a member of the Tennessee Bar Association. A memorial service is planned for Flohr on March 8, 2025, at Greeneville Cumberland Presbyterian Church, 201 N Main St., Greeneville 37745. Memorial donations may be made to the Greene County Food Bank, c/o Greeneville Community Ministries, 107 N. Cutler St., Greeneville, TN 37743.

The terms of four Tennessee Commission on Continuing Legal Education members — Stephanie Coleman, Jay Ebelhar, Lynda Minks Hood and David Veile — will expire on Dec. 31. These members are not eligible for reappointment. To replace them, the Tennessee Supreme Court has adopted an order appointing new members to serve three-year terms starting Jan. 1, 2025, and ending Dec. 31, 2027. They are: Amy J. Farrar, founding partner of Tennessee Center for Estate & Elder Law in Murfreesboro; Joseph W. Smith, senior attorney at Miles Mason Family Law Group in Memphis; Mary Ann Upchurch, executive director of the Memphis Bar Association; and Wencke West, a Cleveland attorney in private practice. The court also has reappointed Julie Bennett, chief legal officer and corporate secretary at Ballad Health in Kingsport, as chair of the commission for a one-year term beginning Jan. 1 and ending Dec. 31, 2025.

CSX Transportation has been ordered to stop rail cleanup efforts in the Nolichucky River Gorge until it obtains the proper permissions, according to a letter sent to the company by the U.S. Army Corps of Engineers, Knox News reports. The company began restoring tracks shortly after Hurricane Helene damaged large portions of the key CSX rail line, but multiple environmental groups filed a lawsuit last month, alleging the work is “extremely damaging” to the river. A CSX spokesperson told the paper the company continues to work with regulators, including the U.S. Army Corps of Engineers and TDEC, to ensure the rail lines are recovered from the river in a “safe and responsible manner.”

Another Tennessee lawmaker is pushing to eliminate the state’s grocery tax. State Rep. Elaine Davis, R-Knoxville, on Thursday introduced a bill that would end the state tax on groceries without raising taxes on businesses, WSMV reports. The proposal would also allow counties to implement a grocery sales tax if approved by local lawmakers. Currently, the state sales tax on food and food ingredients is 4%. State Rep. Aftyn Behn, D-Nashville, refiled a similar measure last month after it failed last year.

A federal appeals court today upheld a law requiring TikTok’s Chinese parent company ByteDance to sell the app or face a U.S. ban. According to The Hill, a three-judge panel with the U.S. Court of Appeals for the D.C. Circuit found that the law does not violate the First Amendment, as TikTok has argued. At the time it was passed, the law gave ByteDance about nine months to divest TikTok or face a ban on U.S. networks and app stores. President Joe Biden could also opt to give the company a 90-day extension. TikTok is expected to appeal the decision to the Supreme Court, the paper reports.