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Posted by: Amelia Ferrell Knisely on Jan 29, 2016

Court: TN Court of Appeals

Attorneys 1:

Timothy W. Jones, Sevierville, Tennessee, for the appellant, National Coal, LLC.

Attorneys 2:

Lewis S. Howard and Erin J. Wallen, Knoxville, Tennessee, for the appellee, Brent Galloway.

Judge(s): MCCLARTY

This action concerns a petition to set aside a tax sale as void for lack of notice to the original property owner. The purchaser of the property filed a motion to dismiss, arguing that the original owner was not entitled to notice, that the petitioner received actual notice as the current owner, and that the petition was untimely. The petitioner countered with a motion for summary judgment. Following a hearing, the trial court dismissed the petition, finding that the petitioner received actual notice of the sale and that the time for filing such actions had passed. The petitioner appeals. We affirm.