AL H. THOMAS, ON BEHALF OF HIMSELF AND THE CITIZENS AND TAXPAYERS OF THE CITY OF MEMPHIS v. JOSEPH LEE, III, ROBERT L. J. SPENCE, JR., AND HALBERT E. DOCKINS, JR. - Articles

All Content


Posted by: Tanja Trezise on May 29, 2012

Court: TN Court of Appeals

Attorneys 1:

Ronald D. Krelstein, Germantown, Tennessee for Plaintiff/Appellant, Al Thomas.

Attorneys 2:

Ricky E. Wilkins & Sharon Harless Loy, Memphis, Tennessee for Defendant/Appellees, Joseph Lee, III and Robert L. J. Spence, Jr.

Judge(s): KIRBY

This appeal involves a lawsuit by a taxpayer. The taxpayer filed this action on behalf of the citizens of the municipality to prevent a disputed disbursement of funds, naming as defendants the municipality, the municipality’s utility district, and three private citizens. By the time the initial hearing in this matter took place, the only defendants who remained in the suit were the three private citizens. Finding that the taxpayer lacked standing to pursue this action, the trial court dismissed the case. The taxpayer then filed a motion to alter or amend, seeking to continue to pursue the lawsuit, pursuant to Bennett v. Stutts, 521 S.W.2d 575 (Tenn. 1975). The trial court denied the motion to alter or amend. The taxpayer appeals. We affirm, finding the exception in Bennett v. Stutts inapplicable.

Attachments: