THE COMMISSIONERS OF THE POWELL-CLINCH UTILITY DISTRICT v. UTILITY MANAGEMENT REVIEW BOARD - Articles

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Posted by: Tanja Trezise on Aug 1, 2013

Court: TN Court of Appeals

Attorneys 1:

Charles Taylor, Pro Se.

Attorneys 2:

Charles Oldham, Pro Se.

Jerry Shattuck, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter, William E. Young, Solicitor General and Ann Louise Vix, Senior Counsel, for the Appellee, Utility Management Review Board.

Judge(s): FARMER

Respondent utility district commissioners appeal the trial court’s determination that a ground for removal from office added to Tennessee Code Annotated § 7-82-307(b)(2), as amended effective June 2009, may be applied retrospectively to acts occurring prior to the effective date of the amendment to remove them from office. They also appeal the trial court’s determination that the additional ground for removal of commissioners, “failing to fulfill the commissioner’s or commissioners’ fiduciary responsibility in the operation or oversight of the district,” is not unconstitutionally vague. We reverse retrospective application of the additional ground for removal contained in the statute, as amended; hold that the statute is not void for vagueness; and remand.