Opinion Flash

August 15, 2003
Volume 9 — Number 148

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
05 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


TONY BALDWIN v. TENNESSEE BOARD OF PAROLES, ET AL.

Court:TCA

Attorneys:                          

Tony Baldwin, Tiptonville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Mark A. Hudson, Senior Counsel, for the State of
Tennessee.

Judge: CANTRELL

First Paragraph:

A prisoner in the custody of the Tennessee Department of Correction
became eligible for parole after serving over twenty years of his
sentence.  The Parole Board conducted a hearing, and voted to deny him
parole.  They also decided to defer further parole consideration for
another twenty years.  The prisoner filed a Petition for Writ of
Certiorari, which the trial court denied.  We reverse the deferral,
because we find that the decision to defer further parole
consideration for so many years constitutes an arbitrary exercise of
the Parole Board's authority.

http://www.tba.org/tba_files/TCA/baldwint.wpd

FIRST PRESBYTERIAN CHURCH OF CHATTANOOGA v. TENNESSEE BOARD OF
EQUALIZATION, ET AL.

Court:TCA

Attorneys:                          

J.W. Dietzen, Chattanooga, Tennessee, for the Appellant First
Presbyterian Church of Chattanooga.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General, and Ann Louise Vix, Senior Counsel, Nashville,
Tennessee, for the Appellees Tennessee State Board of Equalization and
Tennessee Assessment Appeals Commission.

Mary Neill Southerland, Chattanooga, Tennessee, for the Appellee Bill
Bennett, Hamilton County Assessor of Property.

Judge: SWINEY

First Paragraph:

Ms. Madeline D. Apple bequeathed her house to First Presbyterian
Church of Chattanooga ("the Church") to be used for the temporary
housing and convenience of the Church's missionaries.  The Church
filed a formal application with the Board of Equalization requesting
the house be exempted from property taxation because it was used
purely and exclusively for carrying out the Church's missionary work. 
The request for exemption was denied, a decision later upheld by an
Administrative Law Judge and then by the Assessment Appeals
Commission.  The Church appealed the final decision of the Assessment
Appeals Commission to the Hamilton County Chancery Court ("Trial
Court").  After a hearing, the Trial Court concluded the house was not
used purely and exclusively for religious purposes and denied an
exemption.  The Church appeals, and we affirm.

http://www.tba.org/tba_files/TCA/firstpresb.wpd

JACK EDWARD FORREST v. CITY OF RIDGETOP and KEN PARSONS, in his
official capacity as Police and Fire Commissioner, PAUL MYER, in his
official capacity as Chief of Police, and DARRELL DENTON, in his
official capacity as Mayor

Court:TCA

Attorneys:                          

James L. Harris, Nashville, Tennessee, for the appellant, Jack Edward
Forrest.

William Bates, Nashville, Tennessee, for the appellees, City of
Ridgetop, Ken Parsons, Paul Myers and Darrell Denton.

Judge: MCCOY

First Paragraph:

The plaintiff, Jack Edward Forrest, brought this wrongful discharge
action against the defendants, City of Ridgetop, Commissioner of
Police and Fire Ken Parsons, Chief of Police Paul Myers and Ridgetop
Mayor Darrell Denton.  The defendants moved for summary judgment,
relying upon affidavits and statements of undisputed material facts
purporting to show that the plaintiff was discharged for failure to
uphold a minimum standard of conduct, evidenced by insubordination,
disobedience to a written directive, use of a recording device at a
staff meeting  and use of a personal vehicle for police action.  The
trial court, in granting summary judgment, found that the plaintiff
failed to prove a prima facie case that he was wrongfully discharged
from his employment in violation of the Public Protection Act of
Tennessee, T.C.A.S 50-1-304, and failed to prove the reasons given for
his termination by the City of Ridgetop were pretextual.    We affirm.

http://www.tba.org/tba_files/TCA/forrest.wpd

JOHN MERCER HASTY v. BOBBIE ANNA HASTY

Court:TCA

Attorneys:                          

Ernest Wilson Williams and Anna Elizabeth Freeman, Franklin,
Tennessee, attorneys for the Appellant, John Mercer Hasty.

Rose T. Palermo, Nashville, Tennessee, attorney for the Appellee,
Bobbie Anna Hasty.

Judge: INMAN

First Paragraph:

The Petitioner seeks a reduction/termination of his alimony obligation
based upon asserted material change of circumstances.  The divorce was
granted in 1994; thereafter the Respondent began receiving her awarded
share of the Petitioner's retirement benefits, and Social Security
benefits, both of which were within the contemplation of the parties
at the time of the divorce, and thus cannot constitute a material
change of circumstances.

http://www.tba.org/tba_files/TCA/hasty.wpd

AZIZA KLJAJIC v. MIRZET KLJAJIC

Court:TCA

Attorneys:                          

Audrey L. Anderson, Nashville, Tennessee, for the appellant, Mirzet
Kljajic

James G. King, Nashville, Tennessee, for the appellee, Aziza Kljajic

Judge: TAYLOR

First Paragraph:

This case raises the question of jurisdiction over a nonresident, in a
divorce filed by a Tennessee resident who also seeks custody of the
parties' minor children, child support and attorney fees.  We hold
that the court has jurisdiction to grant the divorce and award custody
but does not have jurisdiction to award child support or attorney
fees.

http://www.tba.org/tba_files/TCA/kljajic.wpd

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