"the Supreme Court of Tennessee `has adopted a virtually identical equal protection standard or analysis under Article XI, Section 8 of the Tennessee Constitution.'"
How later courts described this case
- "the Supreme Court of Tennessee `has adopted a virtually identical equal protection standard or analysis under Article XI, Section 8 of the Tennessee Constitution.'"
- a court should decline to address the constitutionality of a statutory provision unless doing so is essential to resolution of the case and the present rights of the litigants
- placing the burden of proof in a disciplinary proceeding on the State
- "As in court proceedings the burden of proof, apart from statute, is on the party asserting the affirmative of an issue before an administrative tribunal."
Written by the judges who cited it.
The opinion
On Petition to Rehear
Appellant has filed a petition to rehear in which he requests this Court to clarify our original opinion to show the "Notice of Intent to Revoke License,” referred to in the opinion, related solely to termite control and not to other activities covered by his license.
This matter was not considered and adjudged by the Chancellor.
"This Court will not grant relief which was not sought in the trial court, and sought for the first time on a petition to rehear in this Court.” Lawler v. McCanless, 220 Tenn. 342 , 417 S.W.2d 548 (1967).
The petition is denied at the cost of petitioner.