March 31, 2010

Court reviews TCPA damages awards and breach of warranty and contract claims

SCOTT CAMPBELL, ET AL. v. WILLIAM H. TEAGUE, ET AL. (Tenn. Ct. App. March 31, 2010)

This is a construction case. Appellants/Builders appeal the trial court's award of damages to Appellees/Homeowners pursuant to the Tennessee Consumer Protection Act, and arising from Appellants/Builders' breach of warranty and contract. Discerning no error, we affirm.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/campbells_033110.pdf

Court reviews whether trial court properly awarded damages pursuant to the TN Consumer Protection Act

SCOTT CAMPBELL, ET AL. v. WILLIAM H. TEAGUE, ET AL. (Tenn. Ct. App. March 31, 2010)

This is a construction case. Appellants/Builders appeal the trial court's award of damages to Appellees/Homeowners pursuant to the Tennessee Consumer Protection Act, and arising from Appellants/Builders' breach of warranty and contract. Discerning no error, we affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/campbells_033110.pdf

March 09, 2010

Attorney General Reviews Fees and Regulations for Construction of Schools in Special School Districts

Fees and regulations for construction of schools in special school districts (TN Attorney General Opinion 10-27, March 9, 2010)

The attorney general reviews two questions:
1. Can a city require a special school district to pay building permit and plan review fees for construction and/or renovation of a school located within the city limits?
2. Does a special school district have to conform to planning and zoning regulations of the city for school district-owned property located within the city limits?

He concludes that the answers to both questions depend on the provisions of the private act creating the special school district and the local planning and zoning regulations, because special school districts are created by the Tennessee General Assembly.

Opinion may be found at:
http://www.tba2.org/tba_files/AG/2010/ag_10_27.pdf

March 08, 2010

Court reviews validity of materialman's lien

BOLON CUSTOM KITCHENS v. ROBERT AND NORMA PARMAN (Tenn. Ct. App. March 8, 2010)

Materials supplier filed suit to enforce a lien upon property for unpaid costs of improvement to the residence; the trial court granted supplier's motion for summary judgment. The property owners appeal, asserting that supplier's lien was barred by the filing of the Notice of Completion or, in the alternative, that supplier's Notice of Lien was not properly filed with the Register's Office. Finding that supplier had a valid lien, the trial court's judgment is affirmed.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/parmanr_030810.pdf