KENNETH MARINO v. BOARD OF ADMINISTRATION CITY OF MEMPHIS RETIREMENT SYSTEM - Articles

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Posted by: Chandra Williams on Nov 16, 2015

Court: TN Court of Appeals

Attorneys 1:

Herman Morris, Jr., City Attorney, Barbaralette G. Davis, Senior Assistant City Attorney and Jake R. Hayes, Assistant City Attorney, Memphis, Tennessee, for the appellant, City of Memphis.

Attorneys 2:

John Ford Canale, Memphis, Tennessee, for the appellee, Kenneth Marino.

Judge(s): GIBSON

We granted an application for an interlocutory appeal in this case to consider whether the Board of Administration of the City of Memphis Retirement System is exempt from the contested case procedures of the Uniform Administrative Procedures Act because the City of Memphis is organized as a home rule charter form of government. We hold that the Board is not exempt from the contested case procedures and therefore affirm the trial court’s order granting partial summary judgment to the petitioner. This matter is remanded for further proceedings in accordance with the Uniform Administrative Procedures Act.

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