MARK HENDERSON V. CITY OF MOUNT PLEASANT, TENNESSEE ET AL. - Articles

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Posted by: Landry Butler on Nov 28, 2016

Court: TN Court of Appeals

Attorneys 1:

Mark Henderson, Mount Pleasant, Tennessee, Pro Se.

Attorneys 2:

Daniel H. Rader IV and Daniel H. Rader III, Cookeville, Tennessee, for the appellees, City of Mount Pleasant, Tennessee; Delores Blankenship; Mike Davis; Ricky Frazier; and Michael Hay.

John D. Burleson and Matthew R. Courtner, Jackson, Tennessee, for the appellees Robert Shackelford and George Vestal.

Judge(s): CLEMENT

Petitioner, the interim city manager for the City of Mount Pleasant, Tennessee, filed suit seeking a declaratory judgment that the votes of two commissioners to terminate his employment were void due to a conflict of interest. He contends their votes were void because ethics complaints filed by Petitioner against the two commissioners were pending at the time of the vote. The trial court dismissed the petition for failure to state a claim upon which relief can be granted, pursuant to Tenn. R. Civ. P. 12.02(6), upon the finding that the petition failed to allege facts which would show that the commissioners had a personal financial interest in the outcome of the vote on Petitioner's employment. Petitioner appealed; we affirm.

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