In the Circuit Court for Scott County (“the Trial Court”), Dr. David Bruce Coffey filed a complaint alleging that Buckeye Home Health Center, Inc. (“Buckeye”) breached its lease agreement with Dr. Coffey by failing to obtain fire insurance coverage on its leased portion of Dr. Coffey’s building. The building burned down during Buckeye’s tenancy. Buckeye filed a motion for summary judgment, arguing that it was impossible to obtain fire insurance coverage for only a portion of the building as required by the lease. The Trial Court granted Buckeye’s motion. Dr. Coffey appealed. Upon our review, we conclude that there is a genuine issue of material fact and reverse the Trial Court’s order dismissing Dr. Coffey’s complaint.

The plaintiff, Elevation Outdoor Advertising, LLC (“Elevation”), submitted six applications for billboard sign permits to the defendant, the City of Pigeon Forge, Tennessee (“the City”), and all six were denied by the City’s Planning Commission. In this action, Elevation sought a judgment (1) declaring the City’s former sign regulation ordinance and temporary moratorium on sign permits void and unenforceable, (2) declaring the City’s new sign regulation ordinance inapplicable, and (3) compelling the City by injunction or writ of mandamus to issue permits for Elevation’s proposed signs. Upon the City’s motion to dismiss, the trial court dismissed Elevation’s complaint with prejudice. The trial court determined that the proper relief for Elevation would have been via common law certiorari review, for which Elevation had not met the procedural requirements of timeliness and filing under oath. Elevation has appealed. Upon careful review, we determine that Elevation’s complaint properly stated a claim for declaratory judgment rather than writ of certiorari. We therefore reverse the trial court’s dismissal of Elevation’s complaint and remand for further proceedings consistent with this Opinion.

The annual Bench Bar Luncheon will take place June 12 as part of the TBA’s Convention as lawyers and judges from across the state gather to recognize judicial service. The keynote address will be given by Nashville lawyer Ed Yarbrough, of counsel with Spencer Fane, where he represents clients in major criminal cases and high-stakes civil litigation. Yarbrough has tried more than 160 jury cases, including more than 40 homicide cases, and has served as both prosecuting and defense attorney in matters involving white-collar crime, wrongful death, personal injury and public corruption cases. A successful trial lawyer for more than 40 years, his public service included serving as the U.S. attorney for the Middle District of Tennessee from 2007 to 2010. Also at the luncheon, Shelby County Criminal Court Judge Chris Craft will be recognized with TBA’s Justice Frank F. Drowota III Outstanding Judicial Service Award and Nashville lawyer Margaret Behm will receive the Judge Pamela L. Reeves Tennessee Professionalism Award, given jointly by the TBA and the Tennessee American Inns of Court. Make plans now to join your colleagues at this annual favorite!

A Chattanooga public charter school has agreed to pay $100,000 to the family of an 11-year-old boy, settling a federal lawsuit claiming that it wrongfully reported the student to police for an alleged threat of mass violence. WPLN News reports that the incident began when the student, nicknamed “Junior,” overheard two classmates discussing a potential school shooting and jokingly said “yes” when one appeared about to confirm the threat. Students then reported that Junior had threatened to shoot up the school. Though school administrators initially said he could return the next day, a sheriff’s deputy later handcuffed him at a family birthday dinner. The news outlet in partnership with ProPublica wrote about the case last October as part of a larger investigation into a new law in Tennessee making threats of mass violence at school a felony. According to the settlement, Chattanooga Preparatory School also agreed to implement training on how to handle threats of mass violence, including reporting only “valid” threats to police and differentiating between “clearly innocuous statements” and “imminent” violence.

The Tennessee Department of Mental Health and Substance Abuse Services is officially unveiling “Promise to Call,” a new effort to prevent suicide and save lives. The initiative urges people to write down their promise, keep it nearby and share it with others to raise awareness about available resources like the 988 Suicide & Crisis Lifeline. The campaign also aims to spark community conversations about suicide, reduce stigma around mental health and emphasize the life-saving power of a simple promise, Clarksville Online reports. “The concept of a promise is so simple and so universal. A promise is something that people hold dear and will remember. It is our belief that if someone makes a promise prior to a suicide crisis, it can save a life,” said Mental Health and Substance Abuse Commissioner Marie Williams. For more information email matthew.parriott@tn.gov.

One day after Knox County Mayor Glen Jacobs called for "immediate state intervention" at the Richard L. Bean Juvenile Detention Center in Knoxville, Richard Bean has been forced out as superintendent. Knox News reports that he announced his retirement in a press release today, stating that his last day will be Aug. 1. Bean fired the center's sole registered nurse and an information technology specialist on May 28, but Jacobs and Juvenile Court Judge Tim Irwin cited "questionable circumstances" and demanded that the employees be reinstated. The nurse had been documenting errors and concerning incidents regarding patients before she was fired.

The Tennessee Supreme Court on Wednesday declined to hear a decade-long rape kit lawsuit against the city of Memphis, effectively ending the case, the Daily Memphian reports. The court denied Janet Doe’s request to appeal a 2023 ruling from the Tennessee Court of Appeals that dismissed her claims. The case began in 2014 when three women sued the city and Shelby County, alleging their sexual assault kits were mishandled. Doe later became the sole plaintiff after the others withdrew. The appeals court found Doe’s claims were filed 14 months after the alleged injury — beyond the state’s 12-month statute of limitations — and did not relate back to the original filing. The court also overturned a lower court’s decision to certify the case as a class action, ruling that the proposed class of more than 12,000 untested rape kit victims was too vaguely defined.

On Wednesday, the Shelby County Commission approved three resolutions to release more than $1.4 million in emergency funding to the Shelby County Sheriff’s Office for repairs and improvements to the Shelby County Jail, also referred to as 201 Poplar. The money will come from the county’s primary operating budget, with more than $1.2 million going to Schindler Elevator Corp. to fix and maintain 10 escalators inside the jail, Local Memphis reports. Additional funds have been allocated for the installation of a shower system and for plumbing services and supplies. The emergency funding approval comes as some city officials continue to push for construction of a new jail outside downtown.

The Supreme Court today granted the Trump administration’s emergency request to revoke former President Joe Biden’s parole program that extended legal protections to migrants from four Latin American countries, The Hill reports. Under the program, migrants from Cuba, Haiti, Nicaragua and Venezuela could apply in advance to enter the United States and receive a two-year work permit, provided they secured a U.S.-based financial sponsor. The justices in the majority did not explain their reasoning, while Justices Sonia Sotomayor and Ketanji Brown Jackson dissented, arguing the decision ignores the significant harm to migrants now at risk of removal before the legal issues are resolved. The ruling does not affect a separate order from U.S. District Judge Indira Talwani which protects other types of parole granted under the Biden administration, including for Afghans and Ukrainians. On May 19, the high court issued an emergency order allowing the Department of Homeland Security (DHS) to proceed with plans to end protected status for approximately 350,000 Venezuelans while a legal challenge to the plan moves through the appeals process.

The TBA Young Lawyers Division continued its Exploration Series today at Fall Creek Falls State Park in Spencer, one of the state’s scenic natural landmarks. TBA members attended presentations from TBA YLD District Representative Mary Frances DeVoe, as well as John Rice, Thomas Shumate and Joanna McCracken, with Patrick Morrison, the YLD board’s health and wellness coordinator, serving as moderator. The event included a ranger-led hike to the falls and a group lunch. The Exploration Series offers members quality CLE programming in an unplugged, outdoor setting while fostering professional networking. Upcoming events in the series are scheduled at Meeman-Shelby Forest and Long Hunter state parks. See photos from the event.