E. W. STEWART LUMBER CO. v. MEREDITH CLARK & ASSOCIATES, LLC AND LEROY DODD (Tenn. Ct. App. January 29, 2010)
Supplier of building materials filed materialman's lien on property after contractor failed to pay for materials provided for building a house on the property. On cross motions for summary judgment, the trial court struck down liens the supplier had filed against the subject property and dismissed the supplier's action; supplier appeals. Finding error, we reverse and remand to the trial court for further proceedings.
Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/stewart_012910.pdf
January 28, 2010
Can a municipality charge a fee for a building permit on agricultural land
Ability of Municipalities to Charge a Fee for Building Permits for Agricultural (AG January 28, 2010)
Tenn. Code Ann. 6-54-126 does not prohibit a municipality from charging a fee for building permits on agricultural land. It is only concerned with a municipality's power to regulate use of the land and not with it's ability to require a building permit.
The full text of this opinion may be found on the TBA website at:
http://www.tba2.org/tba_files/AG/2010/ag_10_12.pdf
Tenn. Code Ann. 6-54-126 does not prohibit a municipality from charging a fee for building permits on agricultural land. It is only concerned with a municipality's power to regulate use of the land and not with it's ability to require a building permit.
The full text of this opinion may be found on the TBA website at:
http://www.tba2.org/tba_files/AG/2010/ag_10_12.pdf
Court reviews whether property owner is protected against a remote material supplier's lien
E. W. STEWART LUMBER CO., D/B/A STEWART BUILDER SUPPLY v. MEREDITH CLARK & ASSOCIATES, LLC AND LEROY Tenn.Ct.App. January 28, 2010)
Supplier of building materials filed materialman's lien on property after contractor failed to pay for materials provided for building a house on the property. On cross motions for summary judgment, the trial court struck down liens the supplier had filed against the subject property and dismissed the supplier's action; supplier appeals. Finding error, we reverse and remand to the trial court for further proceedings.
The full text of this opinion may be found on the TBA website at:
http://www.tba2.org/tba_files/TCA/2010/stewart_012910.pdf
Supplier of building materials filed materialman's lien on property after contractor failed to pay for materials provided for building a house on the property. On cross motions for summary judgment, the trial court struck down liens the supplier had filed against the subject property and dismissed the supplier's action; supplier appeals. Finding error, we reverse and remand to the trial court for further proceedings.
The full text of this opinion may be found on the TBA website at:
http://www.tba2.org/tba_files/TCA/2010/stewart_012910.pdf
January 25, 2010
Appeals court affirms trial court ruling of failure to state a claim
LEONARD PORTER, JR. ET AL. v. CITY OF CLARKSVILLE ET AL. (Tenn. Ct. App. January 25, 2010)
This action arises from the issuance of stop work orders that prevented the plaintiffs from completing the construction of their new residence. The plaintiffs brought this action against the City of Clarksville and the Clarksville Building and Codes Department under the Governmental Tort Liability Act (GTLA) asserting numerous and varied claims, including claims for false statements, fraud, deception, conspiracy, discrimination, malicious harassment, coercion, and violation of due process, and requested financial damages, emotional damages, and punitive damages. The defendants filed a Tenn. R. Civ. P. 12.02(6) Motion to Dismiss on the grounds that the action was a de facto appeal of the administrative hearing on the stop work orders and that the defendants were immune under the GTLA. The trial court granted the motion to dismiss finding that the plaintiffs failed to state a claim upon which relief could be granted. We affirm.
The full text of this opinion may be found on the TBA website at:
http://www.tba2.org/tba_files/TCA/2010/porterl_012610.pdf
This action arises from the issuance of stop work orders that prevented the plaintiffs from completing the construction of their new residence. The plaintiffs brought this action against the City of Clarksville and the Clarksville Building and Codes Department under the Governmental Tort Liability Act (GTLA) asserting numerous and varied claims, including claims for false statements, fraud, deception, conspiracy, discrimination, malicious harassment, coercion, and violation of due process, and requested financial damages, emotional damages, and punitive damages. The defendants filed a Tenn. R. Civ. P. 12.02(6) Motion to Dismiss on the grounds that the action was a de facto appeal of the administrative hearing on the stop work orders and that the defendants were immune under the GTLA. The trial court granted the motion to dismiss finding that the plaintiffs failed to state a claim upon which relief could be granted. We affirm.
The full text of this opinion may be found on the TBA website at:
http://www.tba2.org/tba_files/TCA/2010/porterl_012610.pdf
January 19, 2010
TCA overturns trial court ruling regarding TCPA
CITICAPITAL COMMERCIAL CORPORATION v. CLIFFORD COLL (Tenn. Ct. App. January 19,2010)
A finance company that owned a security interest in a Hyundai excavator appeals the award of a judgment against it in favor of a consumer for violations of the Tennessee Consumer Protection Act. The consumer alleged in his complaint that the creditor and the equipment company that sold the excavator to the consumer had engaged in unfair and deceptive trade practices, because the excavator was defective when it was delivered, it never worked properly, and the defendants failed to make repairs and refused to permit him to trade for another excavator. The financing company denied any wrongdoing and asserted the one-year statute of limitations as an affirmative defense. The equipment company that sold the excavator went out of business and dissolved prior to trial. The only claim tried was the consumer's TCPA claim against the finance company.
The trial court denied the finance company's Tenn. R. Civ. P. 50.01 motion for a directed verdict on the statute of limitations defense, finding that the TCPA claim was timely filed within the five-year statute of repose. At the conclusion of the jury trial, the consumer prevailed on his TCPA claim and the trial court awarded treble damages and attorneys' fees based on a finding the finance company "willfully and knowingly" violated the TCPA. We have determined the TCPA claim was barred by the one-year statute of limitations; therefore, the trial court erred in denying the motion for a directed verdict, and the judgment of the trial court is reversed.
The full text of this opinion may be found on the TBA website at:
http://www.tba2.org/tba_files/TCA/2010/citicapital_012010.pdf
A finance company that owned a security interest in a Hyundai excavator appeals the award of a judgment against it in favor of a consumer for violations of the Tennessee Consumer Protection Act. The consumer alleged in his complaint that the creditor and the equipment company that sold the excavator to the consumer had engaged in unfair and deceptive trade practices, because the excavator was defective when it was delivered, it never worked properly, and the defendants failed to make repairs and refused to permit him to trade for another excavator. The financing company denied any wrongdoing and asserted the one-year statute of limitations as an affirmative defense. The equipment company that sold the excavator went out of business and dissolved prior to trial. The only claim tried was the consumer's TCPA claim against the finance company.
The trial court denied the finance company's Tenn. R. Civ. P. 50.01 motion for a directed verdict on the statute of limitations defense, finding that the TCPA claim was timely filed within the five-year statute of repose. At the conclusion of the jury trial, the consumer prevailed on his TCPA claim and the trial court awarded treble damages and attorneys' fees based on a finding the finance company "willfully and knowingly" violated the TCPA. We have determined the TCPA claim was barred by the one-year statute of limitations; therefore, the trial court erred in denying the motion for a directed verdict, and the judgment of the trial court is reversed.
The full text of this opinion may be found on the TBA website at:
http://www.tba2.org/tba_files/TCA/2010/citicapital_012010.pdf
January 18, 2010
Tennessee Legislature suspends Workers' Compensation regulations. Sources indicate either until March 28, 2010 or 2011.
From the Knoxville Bar Association's legislative update: "Worker's Compensation -- The General Assembly approved legislation calling for immediate suspension of a new law to require sole proprietors and partners engaged in the construction industry to carry workers' compensation coverage on themselves due to unintended effects of the act. The law will be suspended until March 28, 2010. In the meantime, the legislature will discuss alternative ways to address gaps in coverage for workers in companies of all sizes in the various construction fields in order to address the problem without harming small business owners."
However, other independent sources say the regulations are suspended until March 28, 2011.
Humphrey on the Hill
Examiner.com
However, other independent sources say the regulations are suspended until March 28, 2011.
Humphrey on the Hill
Examiner.com
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