JOHN HAMILTON v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, ET AL. - Articles

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Posted by: Landry Butler on Oct 26, 2016

Court: TN Court of Appeals

Attorneys 1:

Jamie R. Hollin and Daniel A. Horwitz, Nashville, Tennessee, for the appellant, John Hamilton.

Attorneys 2:

Lora Barkenbus Fox and Catherine J. Pham, Nashville, Tennessee, for the appellees, Metropolitan Government of Nashville & Davidson Co., and Davidson County Election Commission.

Judge(s): ARMSTRONG

This case involves a challenge to an election commission's decision not to set a special election to fill a vacancy in the office of district council. Appellant, a Davidson County resident and registered voter, appeals the trial court's grant of Appellees', the Metropolitan Government of Nashville & Davidson County and the Davidson County Election Commission, Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss. The trial court granted Appellees' motion on its finding that Appellant's petition failed to aver facts sufficient to show a distinct and palpable injury to Appellant so as to establish his standing to challenge the election commission's decision not to schedule a special election. Discerning no error, we affirm and remand.

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