STATE OF TENNESSEE EX REL LANDLE BYRGE, ET AL. v. NICHOLAS JAY YEAGER - Articles

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Posted by: Tanja Trezise on Jun 25, 2015

Court: TN Court of Appeals

Attorneys 1:

Gregory Brown, Knoxville, Tennessee, for the appellants, Landle Byrge, Mark DeVol, Ray Hagan, Toby Geren, Barbara Gaspel Gregory, Clyde Cook, Doug Walden, Carnelson V. Terry, John E. Seiber, Larry Ownby, Hal M. Hagan, Phyllis H. Terry, Thomas T. Adams, Jason Stiltner, Virgil L. Rainey, Dennis Pemberton, Charles W. Jackson, Gary L. McLemore, Earl T. McLemore, Jr., John Walker, Darlene Adams, and Tipton J. Garland.

Attorneys 2:

Wade Vance Davies, Knoxville, Tennessee, for the appellee, Nicholas Jay Yeager.

Judge(s): GIBSON

The petitioners filed this action seeking to remove the respondent from the position of county law director of Anderson County pursuant to Tennessee?s ouster law, found at Tennessee Code Annotated section 8-47-101. The respondent filed a motion to dismiss, which the trial court granted after concluding that the position of county law director is not a public office subject to the ouster law. On appeal, the petitioners argue that the trial court erred in concluding that the position of county law director is not a public office. Because the county law director is subject to oversight by an advisory committee that may remove him or her at any time with the subsequent approval of the county legislature, we affirm the ruling of the trial court.

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