COURT OF APPEALS OPINIONS

Section of This Court In Webster v. Tennessee Bd. of Regents, 902 S.W.2D 412 (Tenn. App.
02A01-9407-CH-00173

Court of Appeals

02A01-9410-CV-00229
02A01-9410-CV-00229
Trial Court Judge: Robert L. Childers

Shelby Court of Appeals

02A01-9412-CH-00278
02A01-9412-CH-00278
Trial Court Judge: John Walton West

Decatur Court of Appeals

General Oils Company, Division of Ashland Oil, Inc., v. Claude Ramsey, Assessor of Property for Hamilton County, Tennessee and TN State Board of Equalization
01A01-9504-CH-00153
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Chancellor Robert S. Brandt

General Oils Company ("plaintiff") filed suit in the Chancery Court of Davidson County against the Assessor of Property for Hamilton County ("Hamilton County Assessor") and the Tennessee State Board of Equalization ("Board of Equalization") seeking judicial review of the decision by the Assessment Appeals Commission ("AAC") of the Board of Equalization that for tax assessment purposes plaintiff's petroleum storage tanks located in Hamilton County were real property. The chancellor reversed the AAC, holding that the tanks were personal property. On appeal Hamilton County Assessor and Board of Equalization present one issue 1On appeal the Board of Equalization only challenges the lower court's action to the effect that tanks are automatically considered tangible personal property under T.C.A. § 67-5-903(f) for property tax purposes. Because the broader issue raised by Hamilton County Assessor in essence encompasses this secondary issue, we approach this case from the standpoint of Hamilton County Assessor. 2 for our consideration: Whether the trial court erred in holding that the storage tanks should be classified as personal property for tax assessment purposes.1 For the reasons hereinafter stated, we find no error and affirm.

Hamilton Court of Appeals

Sue McGee v. The First National Bank and Neal Lovlace, Jr., - Concurring
01A01-9508-CV-00341
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge James L. Weatherford

This appeal involves a venue dispute. Plaintiff, Sue McGee, appeals from the order of the Circuit Court for the Twenty-Second Judicial District in Maury County, Tennessee, that dismissed her suit against defendants, First National Bank and Neal Lovlace, for improper venue. The record in the case consists of what was formerly called the technical record and a "transcript of proceedings" which has no testimony and contains only argument and statements of counsel and the court.

Maury Court of Appeals

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Anderson Court of Appeals

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Hamblen Court of Appeals

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Washington Court of Appeals

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Bradley Court of Appeals

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Hamilton Court of Appeals

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Sevier Court of Appeals

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Rhea Court of Appeals

03A01-9509-CV-00320
03A01-9509-CV-00320

Hamilton Court of Appeals

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Court of Appeals

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Knox Court of Appeals

Jack Keller, Jordan S. Keller, v. Colgems-EMI Music, Inc., Screen Gems-EMI Music, Inc., EMI Music Publishing, Inc.
01A01-9505-CV-00212
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

On June 28, 1994, Plaintiff Jack Keller sued the defendants in the Davidson County Circuit Court claiming a breach of fiduciary duty by fraudulently failing to disclose the contents of a contract amendment signed in 1960. Jordan Keller, to whom a part of the contract rights had been assigned, joined his father as plaintiff.

Davidson Court of Appeals

Shade T. Underwood, Jr. v. Governor Ned Ray McWherter - Concurring
01-A-01-9508-CV-00360
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Walter C. Kurtz

This is an appeal by petitioner/appellant, Shade T. Underwood, Jr., from the trial court's dismissal of his petition for declaratory judgment and violations of civil rights. The sole issue presented by petitioner is "[w]hether the trial court properly dismissed the petition for want of prosecution."

Davidson Court of Appeals

Explosive Specialists Inc. v. Whaley Construction Co., Inc., - Concurring
03A01-9509-CH-00305
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor David H. Cate

In this action, plaintiff was awarded judgment for work performed under a contract, and defendant has appealed, insisting that plaintiff did not perform in accordance with the agreement between the parties.

Knox Court of Appeals

Gordon Burks, v. Belz-Wilson Properties, a joint venture, comprised of Belz Investment Company, et al.
02A01-9411-CV-00254
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge James M. Tharpe

Appellant, Gordon Burks, (Burks) brought this negligence action against Appellee, Pride Construction Company, Inc., (Pride) and various other defendants, in the Circuit Court of Shelby County. Pride's motion for summary judgment was granted and, from that judgment, Burks appeals.

Shelby Court of Appeals

Penny Campbell, et al., v. Don Sundquist, Governor of the State of Tennessee, et al. - Partially Dissenting
01A01-9507-CV-00321
Authoring Judge: Judge Ben H. Cantrell

I respectfully dissent from part I of the majority opinion holding that the appellants have standing to maintain this action under the Declaratory Judgment Act. In my opinion this case does not involve present rights that have accrued under presently existing facts. See Dobbs v. Guenther, 846 S.W.2d 270 (Tenn. App. 1992).

Davidson Court of Appeals

Exchequer 1982-1 Oil and Gas Drilling Partnership, et al., v. Charles R. Miller, Jr., Citizens Bank of Tennessee and William A. Thorne
01A01-9502-CH-00072
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Vernon Neal

This case comes before us as an interlocutory appeal pursuant to T.R.A.P. 9. The 1This suit was originally filed by a total of fifteen limited partnerships. The claims of the five Keystone Partnerships; to wit: Keystone 1983-1 Oil and Gas Drilling Partnership; Keystone 1983-2 Oil an Gas Drilling Partnership; Keystone 1984-1 Oil and Gas Drilling Partnership; Keystone 1984-2 Oil and Gas Drilling Partnership; and Midco 1983-1 Oil and Gas Drilling Partnership, are not at issue in this appeal. 2 Appellant, Citizens Bank of Tennessee (hereinafter "Citizens"), appeals the chancellor's denial of its Motion for Summary Judgment against the Plaintiffs below, a group of ten
limited partnerships; to wit: Exchequer Associates Oil and Gas Drilling Partnership 1982-1; Exchequer 1983-1 Oil and Gas Drilling Partnership; Exchequer 1983-2 Oil and Gas Drilling Partnerships; Exchequer Synergy 1983-1 Oil and Gas Drilling Partnership; First Energy 1983-1 Oil and Gas Drilling Partnership; First Energy 1984-1 Oil and Gas Drilling Partnership; Overlord 1983-1 Oil and Gas Drilling Partnership; Overlord II 1984-1 Oil and Gas Drilling Partnership; Overlord III 1984 Oil and Gas Drilling Partnership; and Overlord IV 1984 Oil and Gas Drilling Partnership (hereinafter "Partnerships").1

Putnam Court of Appeals

Indian Hills Club Homeowner's Assn., Inc., v. Clayton L. and Cindy Cooper - Concurring
01A01-9507-CH-00319
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Charles Hill Beaty

Indian Hills ClubHomeowners' Association ("Plaintiff"), filed suit against Clayton and Cindy Cooper ("Defendants"), seeking an injunction prohibiting Defendants from building a driveway extension/parking pad and walkway onto their property. The trial court granted Plaintiff a permanent injunction, holding that the proposed construction would violate certain restrictions of record that prohibited any construction or improvements without approval from the Board of Directors of the Indian Hills  Homeowners' Association. Defendants have raised three issues for our consideration: (1) whether the Plaintiff's denial of Defendants' application and approval rested upon a lawful and legitimate basis; (2) whether the  Board's decision to deny the application was an arbitrary and capricious exercise of control; and (3) whether it would be unfair and inequitable to enforce the restrictive covenant. For the reasons stated herein, we reverse the decision of the trial court and order that the injunction be dissolved.

Sumner Court of Appeals

02A01-9408-CH-00184
02A01-9408-CH-00184
Trial Court Judge: Joe C. Morris

Shelby Court of Appeals

Donald L. Mott, Murl Kennamore, and K & M. Petroleum Corp., v. D. Dean Graves and Security Title Insurance Co., Inc.
02A01-9410-CH-00244
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor John Hill Chisolm

Appellant D. Dean Graves ("Graves") appeals the chancellor's decision requiring 2 Graves to specifically perform a contract by purchasing an $85,000 parcel of real estate offered for sale by the Appellees, Donald L. Mott ("Mott") and Murl Kennamore ("Kennamore").

Fayette Court of Appeals

02A01-9501-CH-00007
02A01-9501-CH-00007
Trial Court Judge: Joe C. Morris

Madison Court of Appeals