DUFF L. BRUMLEY v. CITY OF CLEVELAND, TENNESSEE - Articles

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Posted by: Tanja Trezise on Apr 23, 2013

Court: TN Court of Appeals

Attorneys 1:

W. Gerald Tidwell, Jr., Chattanooga, Tennessee, for the appellant, Duff L. Brumley.

Attorneys 2:

Emily A. Cleveland and Robert H. Watson, Jr., Knoxville, Tennessee, for the appellee, City of Cleveland, Tennessee.

Judge(s): FRIERSON

A detective with the City of Cleveland filed a petition for common-law writ of certiorari with the Circuit Court, seeking review of the City Manager’s ruling affirming the City’s decision to terminate his employment. At the hearing before the trial court, the petitioner proffered new and additional evidence that was not presented to the City Manager. The trial court sustained the City’s relevancy objection and allowed the petitioner to make an extensive offer of proof. We hold that the trial court did not abuse its discretion in excluding the new and additional evidence, that there is material evidence supporting the City Manager’s decision, and that the City Manager did not act arbitrarily or capriciously in deciding to uphold the City’s decision to fire the petitioner. We therefore affirm the judgment of the trial court.

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