This appeal arises out of a local planning commission’s approval of a development plan application. The Plaintiff sought to appeal the planning commission’s approval of the application to the local board of zoning appeals; however, a local zoning ordinance permitted the plan applicant to opt out of the appeal before the board of zoning appeals, which he did. The plaintiff then filed a petition for a writ of certiorari in the circuit court, challenging the planning commission’s approval of the application and the dismissal of his appeal by the board of zoning appeals. The plaintiff claimed that the opt-out provision violates his constitutional right; thus, by applying the opt-out provision, the board of zoning appeals acted illegally. The circuit court dismissed the petition, holding that the plaintiff impermissibly combined an original action with a petition for certiorari review. The circuit court also dismissed the plaintiff’s claim regarding the planning commission’s actions because the plaintiff did not sufficiently verify his petition. Finding no reversible error, we affirm the judgment of the circuit court.

June 30, 2025 - July 4, 2025.

Following a riot and dozens of indictments, calls are growing to remove CoreCivic as the private operator of the Trousdale Turner Correctional Center in Hartsville, with state Rep. Michael Hale, R-Smithville, and District Attorney General Jason Lawson urging the Tennessee Department of Correction to take over operations, Tennessee Lookout reports. A grand jury recently returned 41 indictments tied to incidents at the prison, including 12 connected to a riot in which inmates stabbed a staffer and seized control of an inner yard. Lawson said more charges are expected and that crimes at the prison have burdened the county’s court system while failing to improve inmate safety. Recent legislative and regulatory actions have sought to address high death rates at facilities run by private companies. CoreCivic said it is reviewing its policies in an effort to prevent further violence.

Lawyers for a disabled death row inmate are asking the state to ensure that his implanted heart defibrillator is disabled before his execution to prevent the possibility of it causing a prolonged and painful death, according to The Tennessean. Byron Black — one of the state’s longest serving death row inmates — set to be executed on Aug. 5 for the 1987 murders of a Nashville woman and her two daughters. Black’s lawyers on June 30 filed a request for a preliminary injunction asking the Tennessee Department of Corrections to ensure that his implantable cardioverter-defibrillator (ICD) is deactivated before his execution. A hearing on the matter is set for July 14 in Davidson County Chancery Court. Black’s lawyers have been battling to save his life, arguing he is ineligible for capital punishment due to his intellectual disability, dementia and severe brain damage. They also have asked the Tennessee Supreme Court to weigh in and reverse a lower court’s decision that declined to decide whether he is ineligible for the death penalty.

TBA member benefit partner and legal practice management company Clio announced last week that it will acquire legal AI and research company vLex in a deal valued at $1 billion. British private equity firm Oakley Capital agreed to sell Barcelona-founded vLex to Clio, a Vancouver, Canada-based company, which called the deal a “new era for AI-powered legal technology.” vLex’s research and drafting AI tool, known as Vincent, will revolutionize Clio’s current offerings, according to a news release from the company. “The transformative union of legal research, practice management and cutting-edge AI marks a category shift in legal technology that converges the business and practice of law,” Clio said. In April 2023, vLex and another TBA member benefit partner, Fastcase, merged to form vLex Fastcase.

Recently, family law attorney and current section chair K.O. Herston provided a one hour CLE titled “The Art of the Family Law Consultation,” which offered practical guidance for attorneys on how to conduct effective client consultations. The seminar covered strategies for efficient and empathetic intake and managing consultations to build trust and rapport. Designed for both new and experienced practitioners, the program focused on improving consultation skills and boosting client retention, and it is now available as an on-demand course for practitioners who were unable to attend the live seminar. For more information and to purchase, visit the TBA CLE website.

Tennessee Gov. Bill Lee last week announced a yearlong America 250 celebration across the state, unveiling the theme “Tennessee: The Original Frontier” and kicking off a 95-county tour to honor the state's contributions to America’s history and culture. Lee began the celebration July 1 with a Farmland Preservation Tour across the state’s three grand divisions, highlighting Tennessee’s agricultural heritage and signing the Farmland Preservation Act. Additional events and grant opportunities tied to the celebration will be announced by the Tennessee Commission for the United States Semiquincentennial, with updates available at TN250.com.

Edward Kelley of Maryville was sentenced to life in prison for plotting to kill FBI agents as he awaited trial for his involvement in the Jan. 6, 2021, U.S. Capitol riot. He was sentenced July 2 by U.S. District Judge Thomas Varlan in Knoxville after being convicted Nov. 20 of conspiracy to murder federal employees, solicitation to commit a crime of violence and influencing a federal official by threat, the Knox News reports. Investigators determined Kelley and another man made a list of agents who investigated his role in the riot and plotted to kill them, including discussing bombing the agents at their homes or in public places. A judge previously ruled that a pardon of Jan. 6 defendants would not apply to the conspiracy charge.

Roger James Bean of Tullahoma died July 5 at age 70. Bean earned his undergraduate and law degrees from the University of Tennessee and practiced law for more than 45 years. Visitation will be held July 10 from 5 to 8 p.m. CDT at Kilgore Funeral Home, 215 Mitchell Blvd., Tullahoma 37388. Funeral services will take place July 11 at 11 a.m. CDT in the funeral home's chapel, with burial to follow at Franklin Memorial Gardens, Cowan Hwy., Winchester, TN 37398. Donations in Bean’s memory may be made to the Tullahoma Animal Shelter, 942 Maplewood Ave., Tullahoma, TN 37388.

William Lloyd “Bill” Brooks, a retired attorney and judge, died June 30 at his home in Nashville at age 83. Brooks practiced law in Tennessee for more than 55 years, beginning in 1966, both in private practice and as house counsel for two companies. He received his law degree from the University of Virginia School of Law and often performed pro bono legal work. In addition to his law and counseling work, Brooks served as judge of the Belle Meade City Municipal Court for 10 years. Services were held at 11 a.m. CDT on July 8, at St. George’s Episcopal Church, 4715 Harding Rd., Nashville 37205, with visitation beginning at 9:30 a.m. at the church. Contributions may be made to the church or to St. John’s Episcopal Church, 311 W. Seventh St., Columbia, TN 38401.