Opinion

University of the South v. Franklin County

  • 506 S.W.2d 779
  • 1973 Tenn. App. LEXIS 271
Court
Court of Appeals of Tennessee
Filed
Jul 27, 1973
Status
Published
Author
Todd
On the bench
Puryear, Shriver, Todd
Cited by
1 cases
Authority
More cited than 20.6%

The opinion

TODD, Judge

(concurring).

The record presents an issue of procedure and jurisdiction which is not assigned as error or argued in this Court. However, such issue should not escape comment.

The recognized procedure for obtaining relief from improper assessment of property has been by successive appeals to the County Board of Equalization and the State Board of Equalization, and, thereafter, by petition for certiorari to the courts. Indeed, from the holding of Elliott v. Equalization Board of Carter County, 213 Tenn. 33 , 372 S.W.2d 181 (1963), and Tennessee Enamel Mfg. Co. v. Hake, 183 Tenn. 615 , 194 S.W.2d 468 (1946), it would appear that the above course of procedure is exclusive.

The procedure adopted in the present case completely omitted statutory appeal to the local board of equalization and the State Board of Equalization and produced the anomalous situation of a quasi-judicial body (the State Board of Equalization) intervening as an interested party in a dispute which has never been presented to that body.

An expression from the Supreme Court regarding the acceptability of the procedure in the present case would be most helpful to the bar and courts.

With the foregoing comment, I concur in the principal opinion of this Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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