Case law

Michael A. Thompson v. Tennessee Board of Paroles

Court of Appeals of Tennessee · Jun 5, 1998

Whether the decision rendered in Howell v. … On December 23, 1996, the Board denied the application, and, on January 17, 1997, appellant appealed to the Board on the ground that the hearing officer erred in considering his aggregate sentence of thirty-two and one-half

Bush v. Employee Benefit Board of the Metropolitan Government

792 S.W.2d 932 · Court of Appeals of Tennessee · Mar 28, 1990

The chancellor reversed the decision of the Benefit Board for want of substantial and material evidence and remanded the case back to the Benefit Board. … At the November 9, 1987 meeting of the Benefit Board, Mr. VanSant, a board member, stated that since the Civil Service Commission had denied Mr.

Hoover Inc. v. Metro Board of Zoning Appeals

Court of Appeals of Tennessee · Jan 5, 1995

In support of this conclusion, the court cited, with approval, Mayor and City Council of Baltimore v. Bierman, 50 A.2d 804 (Md. 1947) and Sokolis v. Zoning Board of Appeals of Springfield, 157 N.E.2d 427 (Ill. App. … Roger's Group, Inc. v. County of Franklin, No. 01A01-9110-CH-00378, 1992 WL 8505, at *5 (Tenn. App. 1992); see Father Ryan High School, Inc. v. City of Oak Hill, 774 S.W.2d 184, 191 (Tenn. App. 1988); Merritt v.

Tennessee Sports Complex, Inc. v. Lenoir City Beer Board

106 S.W.3d 33 · Court of Appeals of Tennessee · Jan 8, 2003

The review of the Beer Board decision is de novo. McCarter v. … Thompson v. City of Harriman, 568 S.W.2d 92 (Tenn.1978); Richards v. Lewisburg Alcoholic Beverage Comm’n, 543 S.W.2d 852 (Tenn.1977).

Kevin Ryan Mosley v. Tennessee Board of Paroles

Court of Appeals of Tennessee · Nov 1, 1996

However we have previously held that the Board of Paroles is not totally immune from judicial scrutiny. See Powell v. … Wright v. Trammel, 810 F.2d 589 (6th Cir. 1987), Wells v. Board of Paroles, 909 S.W.2d 826 (Tenn. App. 1995).

Jimmy Arnold v. Tennessee Board of Paroles, - Concurring

Court of Appeals of Tennessee · May 8, 1996

Parole Eligibility Review Board, 879 S.W.2d 871 (Tenn. App. 1994); Yokley v. State, 632 S.W.2d 123 (Tenn. App. 1981). … State ex rel McMorrow v. Hunt, 137 Tenn. 243, 192 S.W. 931 (1917).

Earl L. Fox v. Tennessee Board of Paroles

Court of Appeals of Tennessee · Nov 17, 1995

A common-law writ of certiorari provides a vehicle for reviewing the parole board’s decisions. Powell v. Parole Eligibility Review Bd., 879 S.W.2d 871, 872- 73 (Tenn. Ct. App. 1994); Brigham v. … Fox’s response to the parole board’s motion demonstrates that his petition rests on the holding in Mayes v.

Henry v. Bi-District Board of Urban Ministry, Inc.

54 S.W.3d 287 · Court of Appeals of Tennessee · Feb 23, 2001

See Byrd v. Hall, 847 S.W.2d 208 (Tenn.1993). … McCall v. Wilder, 913 S.W.2d 150,153 (Tenn.1985).

Rex A. Ferguson v. Tennessee Board of Parole

Court of Appeals of Tennessee · Jul 9, 2019

FERGUSON v. TENNESSEE BOARD OF PAROLE Appeal from the Chancery Court for Davidson County No. 17-548-III Ellen H. … See Stewart v. Schofield, 368 S.W.3d 457, 465 (Tenn. 2012); Greenwood v. Tennessee Bd. of Parole, 547 S.W.3d 207, 217 (Tenn. Ct.

Andres Perez v. Tennessee Board of Medical Examiners

Court of Appeals of Tennessee · Jul 3, 2019

Hessmer v. Hessmer, 138 S.W.3d 901, 903–04 (Tenn. Ct. … CF Indus. v. Tennessee Pub. Serv. Comm’n, 599 S.W.2d 536, 541 (Tenn. 1980) (citing Levy v. State Bd. of Examiners, Etc., 553 S.W.2d 909, 911 (Tenn. 1977)); see also Hoover, Inc. v.

Tennessee Environmental Council, Inc. v. Tennessee Water Quality Control Board

254 S.W.3d 396 · Court of Appeals of Tennessee · Oct 3, 2007

However, the trial court may not substitute its judgment concerning the weight of the evidence for that of the Board. Jones v. Bureau of TennCare, 94 S.W.3d 495, 501 (Tenn.Ct.App.2002) (citing Gluck v. Civil Serv. … Co. v. State, 33 S.W.3d 727, 729 (Tenn.2000); Nelson v. Wal-Mart Stores, Inc., 8 S.W.3d 625, 628 (Tenn.1999). Analysis As we noted in a related case of the same name as this one, Tenn. Environ. Council, Inc. v.

Lions Head Homeowners' Ass'n v. Metropolitan Board of Zoning Appeals

968 S.W.2d 296 · Court of Appeals of Tennessee · Oct 1, 1997

See City of Knoxville v. Brown, 195 Tenn. 501, 507, 260 S.W.2d 264, 267 (1953); Anderson County v. Remote Landfill Servs., Inc., 833 S.W.2d 903, 908-09 (Tenn. Ct. App. 1991). … V.

City of Athens Board Of Education v. McMinn County, Tennessee

467 S.W.3d 458 · Court of Appeals of Tennessee · Dec 29, 2014

Bd. of Educ. v. Pollard, 136 S.W. 427, 429 (Tenn. 1911)). The City School Boards’ argument is that Tenn. … In Southern v.

James Massengale v. Tennessee Board of Probation and Parole

Court of Appeals of Tennessee · Jul 25, 2012

The applicable review inquires only whether the Board exceeded its jurisdiction or acted illegally, fraudulently, or arbitrarily. Yokley v. State, 632 S.W.2d 123, 126 (Tenn. Ct. App. 1981). … Weaver v. Knox Cnty. Bd. of Zoning Appeals, 122 S.W.3d 781, 786 (Tenn. Ct. App. 2003). Judicial review under a common law writ of certiorari is typically limited to the record made before the board. See Moore v. Metro.

Dominique Johnson v. South Central Correctional Facility Disciplinary Board

Court of Appeals of Tennessee · Sep 6, 2013

(“SCCF Board”); Sergeant Lang, SCCF Board Chairman; Counselor Ms. … Robinson, SCCF Board Member; Jane Doe Nurse, SCCF Board Member; Tennessee Department of Correction Official Carolyn Jordan, SCCF Board Member; Arvil Chapman,1 SCCF Warden; Jason Woodall, Assistant Commissioner of Operations

Fred Auston Wortman, III v. State of Tennessee Board Of Parole

Court of Appeals of Tennessee · Sep 13, 2021

Landers, 872 S.W.2d at 675 (citing Brown v. Brown, 296 S.W.2d 356 (Tenn. 1927)). This Court must possess subject matter jurisdiction in order to adjudicate a claim and subject matter jurisdiction cannot be waived. Id. … In re Estate of Trigg, 368 S.W.3d 483, 489 (Tenn. 2012) (citing Redwing v. Catholic Bishop for the Diocese of Memphis, 363 S.W.3d 436, 445 (Tenn. 2012); Brown v. Brown, 281 S.W.2d 492, 497 (Tenn. 1955)).

Johnny McClain, Jr. v. Tennessee Board of Parole

Court of Appeals of Tennessee · Dec 11, 2018

The reviewing court does not inquire into the intrinsic correctness of the Board’s decision, reweigh the evidence, or substitute its judgment for that of the Board. State v. … The Court of Appeals “review[s] the Board’s decision for rationality, and the Board’s decision will be upheld unless the Board lacks a rational basis for its decision.” Greenwood v. Tenn.

Williamson County, Tennessee v. Tennessee State Board of Equalization

Court of Appeals of Tennessee · Nov 28, 2023

AT&T called James “Jimmy” Brown, Ron Neyhart, and Richard Sullivan. Mr. Brown, an AT&T employee, oversaw the data center’s operations when it was sold to DC402 Franklin Road. … See Brown v. Crown Equip. Corp., 181 S.W.3d 268, 275 (Tenn. 2005) (recognizing “[t]he weight of the theories and the resolution of legitimate but competing expert opinions are matters entrusted to the trier of fact”).

State Ex Rel. Board of Education v. City of Memphis

329 S.W.3d 465 · Court of Appeals of Tennessee · Jan 13, 2010

THE BOARD OF EDUCATION OF THE MEMPHIS CITY SCHOOLS, ET AL. v. CITY OF MEMPHIS, ET AL. Direct Appeal from the Chancery Court for Shelby County No. CH-08-1139-3 Kenny W. … Sys. v. McWherter, 894 S.W. 2d 734 (Tenn. 1995); Tennessee Small Sch. Sys. v. McWherter, 851 S.W.2d 139 (Tenn. 1993).

Cox v. Greene County

26 Tenn. App. 628 · Court of Appeals of Tennessee · Jul 3, 1943

Malcolm v. School Board, 4 Tenn. Civ. App. 322; State ex rel. Brown v. Polk County, 165 Tenn. (1 Beeler), 196, 54 S. W. (2d) 714, 715 . In State ex rel. Brown v. … L. 579; Board of Education of Viola Normal School v. Board of Education of Warren County, 160 Tenn. 351 , 24 S. W. (2d) 889 . (Italics supplied.)