STATE OF TENNESSEE v. DONALD BRUCE ANDERSON, ET AL. - Articles

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Posted by: Suzanne Craig Robertson on May 15, 2015

Court: TN Court of Appeals

Attorneys 1:

William H. Fisher, III, Collierville, Tennessee, for the appellants, Donald Bruce Anderson and Frances Anderson McDaniel.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter, Andree Sophia Blumstein, Solictor General, and George G. Boyte, Jr., Senior Counsel, Jackson, Tennessee, for the appellee, State of Tennessee.

Judge(s): GOLDIN

The trial court determined that it did not have authority to assess discretionary costs against the State in an eminent domain proceeding. It accordingly denied Defendants? motion for discretionary costs under Rule 54.04 of the Tennessee Rules of Civil Procedure and determined that it did not have jurisdiction to make findings with respect to the reasonableness and necessity of Defendants? costs. We affirm the trial court?s conclusion that Tennessee Code Annotated § 29-17-912 does not authorize an assessment of costs against the State in an eminent domain proceeding other than those costs that are explicitly permitted by the section.

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