RANDY R. MOSS, JR. v. DAN P. EVANS, ET AL. - Articles

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Posted by: Chandra Williams on Jul 16, 2015

Court: TN Court of Appeals

Attorneys 1:

Jimmy W. Bilbo and Brent McIntosh, Cleveland, Tennessee, for the appellant, Randy R. Moss, Jr.

Attorneys 2:

James F. Logan, Jr., Cleveland, Tennessee, for the appellee, Dan P. Evans.

Judge(s): SWINEY

This appeal arises from an election contest. Randy R. Moss, Jr. (“Moss”) ran against Dan P. Evans (“Evans”) for the office of Chief Administrative Officer of the McMinn County Highway Department (“Highway Commissioner”). Evans won. Moss filed an election contest in the Chancery Court for McMinn County (“the Trial Court”) challenging Evans? statutorily required qualifications to hold the office. Moss also sued the McMinn County Election Commission and its officials (“the Election Commission,” collectively) in the same action. Evans and the Election Commission filed motions to dismiss. The Trial Court granted the motions to dismiss, holding that Moss was required to have challenged Evans? certification as a qualified candidate before the Tennessee Highway Officials Certification Board (“the THOCB”) and that Moss could not now challenge Evans? qualifications by an election contest. Moss filed this appeal. We affirm the Trial Court in its dismissing the complaint against the Election Commission, which acted only in a ministerial capacity. We hold, however, that the Trial Court erred in concluding that it had no jurisdiction to hear Moss?s challenge to Evans? qualifications. We affirm, in part, and, reverse, in part, the judgment of the Trial Court, and remand this case to proceed against defendant Evans.

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