Lonnie Spivak, chairman of the Davidson County Republican Party, said the Metro Nashville-Davidson County City Council should begin to discuss what its makeup would look like if a Tennessee law currently being challenged in the Tennessee Court of Appeals is allowed to take effect.
Read the full story
Tennessee Attorney General Jonathan Skrmetti announced Thursday that his office will appeal the July 29 ruling by the Davidson County Chancery Court in the case challenging a state law which caps the number of elected officials in the Metro Nashville-Davidson County City Council to 20.
Read the full story
After losing an appeal in May, the Tennessee Wildlife Resources Agency (TWRA) has decided it will not take its case on the “open fields” doctrine to the Tennessee Supreme Court.
The case began when Terry Rainwaters and Hunter Hollingsworth found hidden cameras on their property, placed there by TWRA, according to the Institute of Justice, which took on the case.
Read the full story
The Tennessee Court of Appeals released a decision in Terry Rainwaters, et al. v. Tennessee Wildlife Resources Agency, et al. on Thursday, holding a previous ruling that found a state statute that allows TWRA to patrol private properties without warrants or consent to be unconstitutional.
Read the full story
The Tennessee Court of Appeals ruled in Nashville on Thursday that a group of parents can intervene in the lawsuit seeking to compel the release of the manifesto written by Audrey Elizabeth Hale, the Covenant School killer, affirming a lower court’s ruling. The parents wish to prevent the manifesto’s release.
In a 17-page order released Thursday afternoon, the appeals court ruled to “affirm the trial court’s judgement allowing intervention,” and sent the case back to the Davidson County Chancery Court for further proceedings. That court’s previous decision to allow the parents to intervene prompted the appeal.
Read the full story
The Tennessee Court of Appeals in Nashville has agreed to expedite an appeal that will determine who is allowed to intervene in a lawsuit seeking the release of the Covenant School killer’s manifesto — a move that will push a July 12 show cause hearing into August.
“Until the appeal regarding the intervention is resolved, there is no way to know who the parties in the underlying action will be to participate in the show cause hearing,” the court wrote. “Without a stay of the trial court proceedings, this appeal would be rendered moot or the parties may be forced to conduct a new show cause hearing depending on the results of the appeal.”
Read the full story
Monday morning on The Tennessee Star Report, host Leahy welcomed John Harris, founder of the Tennessee Firearms Association, to the newsmaker line to comment upon the recent decision on Second Amendment rights by the Court of Appeals last Thursday.
Read the full story
The Tennessee Court of Appeals ruled Governor Bill Lee’s educational savings account (ESA) program “unconstitutional” on Tuesday. The court’s decision upheld a lower court’s ruling on the school voucher program.
The court of appeals ruled that the unconstitutionality of the ESA program is because “is local in effect, and applicable to Davidson and Shelby counties in their governmental capacity.” This decision references article XI, section 9, paragraph 2 of the Tennessee Constitution.
The Tennessee Court of Appeals ruled Tuesday that the Sons of Confederate Veterans (SCV) do not have standing to stop the removal of Confederate statutes at parks the City of Memphis had sold to Memphis Greenspace. Davidson County Chancellor Ellen Hobbs Lyle ordered Memphis Greenspace Inc. to maintain and preserve the statues of Confederate General Nathan Bedford Forrest, President Jefferson Davis, and Captain J. Harvey Mathes until a contested case hearing is held with the Tennessee Historical Commission, The Tennessee Star reported in January 2018. Memphis Greenspace is the nonprofit owned by Shelby County Commissioner Val Turner who ‘bought‘ and removed the statues in a questionable transaction with the City of Memphis in December 2017, The Star said. The city sold the parks for only $1,000 each. The Sons of Confederate Veterans had filed for injunctive relief, according to the appeals court ruling. Prior to filing its complaint, the society filed a petition for declaratory relief with the Tennessee Historical Commission that sought a declaration on the applicability of the Tennessee Heritage Protection Act of 2016 (“THPA”) to two parks and related monuments In the present action, the historical-preservation society requested a temporary injunction under the THPA to preserve the parks and monuments…
Read the full story