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  • Erin R. Knight v. Tennessee State Board Of Education

    Court of Appeals of Tennessee · Apr 8, 2021

    KNIGHT v. TENNESSEE STATE BOARD OF EDUCATION Appeal from the Chancery Court for Davidson County No. 19-900-IV Russell T. … Mills v. Fulmarque, Inc., 360 S.W.3d 362, 366 (Tenn. 2012). ANALYSIS A. The Board’s authority for Tenn. Comp.

    Cited 0 timesPublished
  • Pamela Turner v. Tennessee Board of Probation and Parole

    Court of Appeals of Tennessee · Oct 6, 2010

    S TANDARD OF R EVIEW Decisions regarding parole are vested exclusively in the Board of Probation and Parole, Doyle v. … The Rules & Regulations of the Board also provide that when an inmate is denied parole “a future hearing date shall be specified” by the Board. Baldwin v. Tennessee Board of Paroles, 125 S.W.3d 429, 433 (Tenn. Ct.

    Cited 0 timesPublished
  • Carl C. Smith, II v. Anderson County Sheriff Paul White

    538 S.W.3d 1 · Court of Appeals of Tennessee · May 1, 2017

    In support of his position, Officer Smith relies in part on this Court’s decision in Brown v. State, No. E2004-01272-COA-R3-CV, 2004 WL 2715283 (Tenn. Ct. App. … See Brown, 2004 WL 2715283, at *9.

    Cited 9 timesPublished
  • 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”).

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  • 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).

    Cited 1 timesPublished
  • 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.

    Cited 0 timesPublished
  • Richardson ex rel. Richardson v. Fentress County School Board

    840 S.W.2d 940 · Court of Appeals of Tennessee · Jul 29, 1992

    Neff v. Cherokee Ins. Co., 704 S.W.2d 1, 3 (Tenn.1986); Montgomery v. Hoskins, 222 Tenn. 45, 47 , 432 S.W.2d 654, 655 (1968). … Universal Computing Co. v. Olsen, 677 S.W.2d 445, 447 (Tenn.1984); Chapman v. Sullivan County, 608 S.W.2d 580, 582 (Tenn.1980).

    Cited 1 timesPublished
  • Saundra Thompson v. Memphis City Schools Board of Education

    Court of Appeals of Tennessee · Jan 18, 2012

    The Board contends that Ms. Thompson’s complaint was fatally deficient because it failed to create a factual basis for Ms. Thompson’s due process claims. The Board cites Chapman v. … M2008–01036–COA–R3–CV, 2009 WL 3172134, at *3 (citing Hunter v. Brown, 955 S.W.2d 49, 50–51 (Tenn. 1977)).

    Cited 0 timesPublished
  • Thomas Tarpley v. Charles Traughber, Chairman, Tennessee Board of Paroles

    944 S.W.2d 394 · Court of Appeals of Tennessee · Nov 8, 1996

    Wright v. Trammell, 810 F. 2d 589, 6th Cir. 1987. An administration agency decision is arbitrary or capricious only when it lacks any rational basis. Mobilecomm of Tennessee v. … The scope of review of decisions of the Parole Board by certiorari does not include the correctness of the decision of the Board. Powell v. Parole Eligibility Review Board, Tenn. App. 1994, 879 S.W.2d 871.

    Cited 9 timesPublished
  • Lamar Tennessee, LLC v. Metropolitan Board of Zoning Appeals

    Court of Appeals of Tennessee · Mar 5, 2010

    McCallen v. City of Memphis, 786 S.W.2d 633, 639-40 (Tenn. 1990); Moore & Associates, Inc. v. West, 246 S.W.3d 569, 576 (Tenn. Ct. App. 2005); City of Brentwood v. … The same limitations apply to the scope of review of the appellate courts, which “is no broader or more comprehensive than that of the trial court with respect to evidence presented before the Board.” Watts v.

    Cited 0 timesPublished
  • Visuvalingam Vilvarajah, M.D. v. Tennessee Board of Medical Examiners

    Court of Appeals of Tennessee · Mar 9, 2011

    In our consideration of this issue, the Board’s interpretation of Tenn. Code Ann. § 63-6-214, while not controlling, is to be given appropriate weight and respect. Nashville Mobilphone Co., Inc. v. … Mosley v. Tenn. Dep't. of Commerce & Ins., 167 S.W.3d 308, 321 (Tenn. Ct.

    Cited 0 timesPublished
  • Environmental Defense Fund, Inc. v. Tennessee Water Quality Control Board

    660 S.W.2d 776 · Court of Appeals of Tennessee · Apr 7, 1983

    Can the board be sustained in this conclusion? As a general rule courts must give great deference and controlling weight to an agency’s interpretation of its own rules. Ruangswang v. … Ruangswang v. Immigration and Naturalization Service, 591 F.2d at 43 .

    Cited 6 timesPublished
  • Richard A. Demonbreun v. Metropolitan Board of Zoning Appeals

    Court of Appeals of Tennessee · Jun 10, 2011

    See 3 Anderson, American Law Zoning, § 19.24 (1976); see also Dowd v. Board of Appeals of Dover, 5 Mass. App. 148, 360 N.E.2d 640 (Mass. App.1977); Pokoik v. … Silsdorf, 40 N.Y.2d 769, 390 N.Y.S.2d 49, 358 N.E.2d 874 (1976); Bartz v. Board of Adjustment, 80 Wash.2d 209, 492 P.2d 1374 (1972); Wyss v.

    Cited 0 timesPublished
  • Christine Heyne v. Metropolitan Nashville Board of Public Education

    Court of Appeals of Tennessee · May 6, 2011

    McCallen, 786 S.W.2d at 638 (citing Roberts v. Brown, 310 S.W.2d 197, 206-08 (Tenn. Ct. App. 1957)). … A decision by an administrative board will only be considered arbitrary when “there is no evidence in the record to support it.” Lafferty v. City of Winchester, 46 S.W.3d 752, 759 (Tenn. Ct. App. 2000) (citing Sexton v.

    Cited 0 timesPublished
  • Prudential Insurance Co. of America v. Cline

    51 Tenn. App. 636 · Court of Appeals of Tennessee · Apr 23, 1963

    Brown v. Tennessee Auto Ins. Co., 192 Tenn. 60 , 237 S.W.(2d) 553 ; Wallace v. State Farm Mut. Auto Ins. Co., 187 Tenn. 692 , 216 S.W.(2d) 697 ; Gilmore v. … In Gilmore v. Continental Casualty Company, Mr.

    Cited 5 timesPublished
  • Carter County Board of Education v. Carter County Education Ass'n

    56 S.W.3d 1 · Court of Appeals of Tennessee · May 14, 1996

    As pertinent, he said: “The Board cited authority in support of non-arbitrability involving a principal, Berkshire Hills Regional School District Committee v. … Airline Construction, Inc. v. Barr, et al., 807 S.W.2d 247 (Tenn.App.1990); Atkins v. Kirkpatrick, et al., 823 S.W.2d 547 (Tenn.App.1991); Simpson v. Frontier Community Credit Union, 810 S.W.2d 147 (Tenn.1991).

    Cited 7 timesPublished
  • Colonial Pipeline Company v. TN State Board Of Equalization

    Court of Appeals of Tennessee · Jan 25, 2021

    TN STATE BOARD OF EQUALIZATION Appeal from the Tennessee State Board of Equalization Nos. 123390; 117550; 120567 Tennessee State Board of Equalization … CONCLUSION The judgment of the Board of Equalization is affirmed.

    Cited 0 timesPublished
  • Janet Thornton v. Coffee County Board of Education

    Court of Appeals of Tennessee · Oct 3, 2018

    See Young v. … See Grace v. Curley, 3 Tenn. App. 1 (Tenn. Ct.

    Cited 0 timesPublished
  • Paul Keener v. Tennessee Board of Probation and Parole

    Court of Appeals of Tennessee · Aug 11, 2010

    Brenner, Assistant Attorney General, for the appellee, Tennessee Board of Probation and Parole. … Keener filed a petition for common law writ of certiorari with the Chancery Court of Davidson County seeking review of the actions of the Tennessee Board of Probation and Parole (“the Board”).

    Cited 0 timesPublished
  • Conoly Brown v. Metropolitan Government Of Nashville And Davidson County

    Court of Appeals of Tennessee · Jan 23, 2018

    01/23/2018 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE September 5, 2017 Session CONOLY BROWN, ET AL. v. … STANDARD OF REVIEW Judicial review of an action by an administrative body, such as the Board of Zoning Appeals, is by way of the common law writ of certiorari. Tenn. Code Ann. § 27- 8-101; see also Demonbreun v.

    Cited 0 timesPublished

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