COFFEE COUNTY BOARD OF EDUCATION v. CITY OF TULLAHOMA, ET AL. - Articles

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Posted by: Chandra Williams on Oct 29, 2015

Court: TN Court of Appeals

Attorneys 1:

D. Scott Bennett and Mary C. Decamp, Chattanooga, Tennessee, and Eric Burch, Manchester, Tennessee, for the appellant, Coffee County Board of Education.

Attorneys 2:

Stephen M. Worsham, Michael E. Giffin, and Karen Sedora Price, Tullahoma, Tennessee, for the appellee, City of Tullahoma. Kristin Ellis Berexa and Mark E. McGrady, for the Amicus Curiae, Tennessee Municipal League Risk Management Pool, Inc.

Judge(s): BENNETT

The Coffee County Board of Education filed suit against the City of Manchester and the City of Tullahoma to recover certain tax revenue the Board alleges it was owed pursuant to Tenn. Code Ann. § 57-4-306. The trial court held that the Board of Education lacked capacity to bring the suit and dismissed the petition. The Board of Education appeals asserting that the authority to sue to recover the funds is necessarily implied from the General Assembly?s grant of express powers and duties to the Board. We agree. Pursuant to Tenn. Code Ann. § 49-2-203(b)(5), the General Assembly has granted the Board the power to “[e]mploy legal counsel to advise or represent the board.” We find that this provision vests the Board with the authority to file suit to recover the funds at issue. Therefore, we must reverse the trial court?s dismissal of the lawsuit.