Court of Appeals Opinions

Format: 06/29/2016
Format: 06/29/2016
Lions Head Homeowners' Association, et. al. v. Metropolitan Board of Zoning Appeals, Metropolitan Government of Nashville, Davidson County, TN and the Martin Companies, Inc.
01A01-9611-CH-00505
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal stems from a decision of the Metropolitan Board of Zoning Appeals to grant a conditional use permit for a medical office building and parking garage adjacent to St. Thomas Hospital. The homeowners’ association of a neighboring condominium development and other parties who opposed the project filed a petition for a writ of certiorari in the Chancery Court for Davidson County. The trial court heard the case without a jury and upheld the Board’s decision to grant the conditional use permit. On this appeal, the project’s opponents take issue with the procedures followed by the Board in granting the conditional use permit and also assert that the project does not comply with the Zoning Ordinances for the Metropolitan Government of Nashville and Davidson County. We affirm.

Davidson County Court of Appeals 10/01/97
Bellsouth Telecommunications, Inc. D/B/A South Central Bell Telephone Co., v. Tennessee Regulatory Authority, et al.
01A01-9601-BC-00008
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge:

This consolidated appeal of three separate proceedings involves the efforts of BellSouth Telecommunications, Inc. to take advantage of the 1995 legislation easing the traditional regulatory burdens on telecommunications service providers. After making significant adjustments in BellSouth’s reported operating results, the Tennessee Public Service Commission determined that BellSouth’s current earned rate of return exceeded its authorized rate of return and that BellSouth was receiving $56.285 million in excess revenues. The Commission directed BellSouth to reduce its rates by $56.285 million and set the initial rates in the company’s price regulation plan accordingly. On this appeal, BellSouth and another intervening party take issue with the procedures employed by the Commission to consider and act upon BellSouth’s application for a price regulation plan. We have determined that these proceedings were not preempted by the federal Telecommunications Act of 1996. We have also determined that the General Assembly did not give the Commission authority to adjust BellSouth’s reported operating results and that the Commission should have convened a contested case hearing when BellSouth took issue with the Commission’s decision to adjust its reported operating results. Accordingly, we vacate the Commission’s January 23, 1996 order and all earlier related orders.

Davidson County Court of Appeals 10/01/97
John Wayne Slate, Sr.,. v. State of Tennessee Board of Paroles, et al.
01A01-9704-CH-00155
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The captioned plaintiff, a prisoner in custody of the Department of Correction awaiting execution has appealed from a decision of the Board of Paroles denying his request for parole. His death sentence has been stayed by a federal court which ordered a retrial of the issue of punishment. This retrial has not yet taken place.

Davidson County Court of Appeals 10/01/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Sullivan County Court of Appeals 09/30/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Anderson County Court of Appeals 09/30/97
Bunch vs. Cooper
03A01-9705-CV-00154
Authoring Judge:
Trial Court Judge:
Knox County Court of Appeals 09/30/97
Givler vs. Givler
03A01-9702-CV-00061
Authoring Judge:
Trial Court Judge:
Blount County Court of Appeals 09/30/97
State DHS vs. Russell
03A01-9701-CV-00002
Authoring Judge:
Trial Court Judge:
Hawkins County Court of Appeals 09/29/97
Shipley vs. Shipley
03A01-9611-JV-00369
Authoring Judge:
Trial Court Judge:
Greene County Court of Appeals 09/29/97
Charley Clunan Co. Inc. vs. Joyce Martin
02A01-9704-CH-00087
Authoring Judge:
Trial Court Judge: C. Neal Small
Shelby County Court of Appeals 09/29/97
Tennessee Farmers Mutual Ins. vs. Thomas Tipton
02A01-9702-CV-00037
Authoring Judge:
Trial Court Judge: Joseph H. Walker
Court of Appeals 09/29/97
Kimberly Hyden vs. John Hyden
02A01-9611-CH-00273
Authoring Judge:
Trial Court Judge: John Walton West
Decatur County Court of Appeals 09/25/97
Doris Bridges vs. Margaret Culpepper, et al
02A01-9704-CH-00074
Authoring Judge:
Trial Court Judge: C. Neal Small
Shelby County Court of Appeals 09/24/97