Opinion FlashAugust 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):
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Howard H. Vogel
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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