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Posted by: Tanja Trezise on Feb 12, 2015

Court: TN Court of Appeals

Attorneys 1:

J. Philip Harber, Clinton, Tennessee, for the appellant, Sharon L. Allen.

Attorneys 2:

Nicholas Jay Yeager, Clinton, Tennessee, for the appellee, Anderson County, Tennessee.

Judge(s): MCCLARTY

This action concerns the sale of three properties Plaintiff purchased at a tax sale held by Anderson County. Plaintiff alleged that Anderson County breached its contract with her by failing to convey marketable title to the properties when the owners of the subject properties had not received proper notice of the tax sale. Anderson County filed a motion to dismiss, asserting, in pertinent part, that the statute of limitations had passed for filing such actions and that it had not breached a contract with Plaintiff. The court dismissed the action, finding that Plaintiff failed to establish that it had entered into a contract with Anderson County, that the statute of limitations for such actions had passed, and that Plaintiff lacked standing to attack the alleged insufficient notice provided to the original property owners. Plaintiff appeals. We affirm the decision of the trial court.