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2008 Opinions


08-01 January 7, 2008 Compensation of Gibson County Utility District Commissioners
08-02 January 11, 2008 City Commissioner Serving as City Police Officer
08-03 January 11, 2008 Authority of Development District Board
08-04 January 14, 2008 Effect of 2006 Tenn. Pub. Acts Ch. 951 on Foreclosures
08-05 January 15, 2008 Revenue Agent's Use of Observations Made Outside the State to Establish Probable Cause for Subsequent Warrantless Search of an Automobile in Tennessee
08-06 January 11, 2008 Statutory Reporting Obligations of Entities Leasing Property from Industrial Development Boards
08-07 January 16, 2008 Payment of Just Compensation for Structures Situated on Land Taken by Eminent Domain
08-08 January 17, 2008 Charter County Authority over Juvenile Court
08-09 January 18, 2008 Sale of Beer on Golf Courses and at Outdoor Events
08-10 January 23, 2008 Appointing Substitute Senator
08-11 January 25, 2008 Prohibited Activities of Legislator
08-12 January 28, 2008 Judicial Commissioners Conducting Preliminary Hearings under Tenn. Code Ann.§ 40-1-111
08-13 January 28, 2008 Liquor by the Drink Referendum
08-14 January 29, 2008 Senate Joint Resolution 127
08-15 January 30, 2008 Conflict of Interest: Health Care Network Arrangement
08-16 January 31, 2008 Local Government Contracts With "Pure" Construction Managers
08-17 January 31, 2008 Convicted Felon in Possession of Black Powder Weapon / Officer in Possession of Firearm in Judicial Proceeding
08-18 February 1, 2008 Requiring Realtors and Landlords to Ascertain Immigrant Status
08-19 February 6, 2008 The Right to Keep and Bear Arms under Article I, Section 26 of the Tennessee Constitution
08-20 February 6, 2008 Distribution of Fees Collected for Victims of Crimes
08-21 February 7, 2008 Civil Penalties for Personal Use of Campaign Funds
08-22 February 7, 2008 Responses Related to Substance Abuse and Mental Illness on Hand Gun Carry Permit Application
08-23 February 8, 2008 Applicability of Certain Statutes to the City of Tullahoma
08-24 February 13, 2008 Home Rule Charter Amendments
08-25 February 13, 2008 Validity of International Driver Licenses
08-26 February 14, 2008 Carrying of Firearms on Public Parks, Playgrounds, Civic Centers and Other Public Recreational Buildings and Grounds
08-27 February 15, 2008 Compulsory School Attendance and Truancy Statutes
08-28 February 15, 2008 Drug Task Force Appropriations To Participating Law Enforcement Agencies
08-29 February 15, 2008 Private attorneys selected to be Special Substitute General Sessions Judges under Tenn. Code Ann. § 16-15-209.
08-30 February 19, 2008 Sheriff's Dispatcher Funded by Emergency Communications District Serving as District Director
08-31 February 20, 2008 Notice to Bureau of TennCare re: Medicaid/Medicare Benefits Due to Separation Asset Division
08-32 February 21, 2008 Charter Schools - Sunset Date
08-33 February 22, 2008 Biological specimens for DNA analysis
08-34 February 22, 2008 TELS - Eligibility Exception
08-35 February 22, 2008 Effect of Statute Requiring Maintenance of Sanitary Sewer Connections
08-36 February 26, 2008 Constitutionality of the eligibility criteria for the Tennessee Hope Scholarship under Tenn. Code Ann. § 49-4-926
08-37 February 26, 2008 Public Employees First Amendment Rights
08-38 February 28, 2008 Constitutionality of HB3043: Constitutionality of video testimony from child victims
08-39 February 29, 2008 Prosecutorial discretion as to plea-bargaining in DUI cases
08-40 February 29, 2008 Constitutionality of Partial Birth Abortion Statute and Parental Consent Law
08-41 February 29, 2008 Requirement that applicants seeking commission as a Notary Public be lawful permanent residents.
08-42 March 4, 2008 On the constitutionality of confinement as a condition of pre-trial and judicial diversion
08-43 March 4, 2008 Effect of statutes of limitation and/or estoppel on the enforcement of incomplete sentences
08-44 March 4, 2008 Utility Construction within Corporate Limits of Another City
08-45 March 7, 2008 State Nursing Practice Act
08-46 March 7, 2008 Constitutionality of Senate Bill 2849, which would permit employers to require that English be spoken by employees while working
08-47 March 10, 2008 Attorney Fees
08-48 March 10, 2008 General Election Date
08-49 March 11, 2008 Propriety of bonding company acting as surety requiring defendant to deposit full amount of bond
08-50 March 11, 2008 Annexation under Tenn. Code Ann. § 6-58-111(d)(2) (2005) after agreement not to annex
08-51 March 11, 2008 Validity of Pending Legislation Affecting Surface Coal Mining Operations
08-52 March 11, 2008 Confidentiality of Information Related to the City of Murfreesboros Drug and Alcohol Testing Obtained Under the Drug-Free Workplace Programs Statutes
08-53 March 13, 2008 Constitutionality of Regulation of Ticket Resales
08-54 March 14, 2008 Bail for Illegal Aliens
08-55 March 17, 2008 Memphis School Funding - Reduction of Local School Funding by County Commission
08-56 March 18, 2008 Fines Under Tenn. Code Ann. § 53-11-402
08-57 March 18, 2008 Repealing Exclusions from Uniform Residential Landlord and Tenant Act
08-58 March 18, 2008 Grants to Church-Controlled Youth Groups
08-59 March 19, 2008 Legality of Future Rebate Contingent Upon The Winner of The NCAA Basketball Tournament
08-60 March 19, 2008 Application of the "Under Color of Office" Doctrine Regarding a Revenue Agent's Collection of Evidence Out of State
08-61 March 19, 2008 Statutory Authority of the Tennessee Student Assistance Corporation ("TSAC") to Promulgate Rules for the Tennessee HOPE Scholarship Program
08-62 March 19, 2008 Tenn. Code Ann. § 36-6-110, Parental Bill of Rights
08-63 March 19, 2008 Legislator Nominated As Candidate For Sheriff
08-64 March 24, 2008 Application of Public Records Act to Municipal Airport Authority
08-65 March 24, 2008 Definition of "Shelter" as it Relates to Animal Cruelty
08-66 March 25, 2008 Superior Parental Rights in Dependency and Neglect Proceedings
08-67 March 25, 2008 Validity of Amendment to Pending Legislation Affecting Surface Coal Mining Operations
08-68 March 31, 2008 "General County Election" for purposes of Tenn. Code Ann. § 2-5-151
08-69 March 31, 2008 County Authority to Issue Burning Bans
08-70 March 31, 2008 Constitutionality of House Bill 2778 (2008)
08-71 March 31, 2008 Probable cause to arrest for the offense of violating an order of protection or restraining order
08-72 March 31, 2008 Teacher Eligibility for Election to City Council
08-73 March 31, 2008 City Funds for Non-Profit Organization
08-74 April 1, 2008 Constitutionality of Senate Bill 4104/House Bill 4089
08-75 April 1, 2008 Constitutionality of the General Assembly's Adoption of the American Medical Association Guides to the Evaluation of Permanent Impairment ('AMA Guides')
08-76 April 1, 2008 Extent of Home Health Care an LPN May Provide to Patient with Ventilator
08-77 April 2, 2008 Constitutionality of HB 3137 Relating to Confidentiality of Handgun Permit Records
08-78 April 2, 2008 Legality of Privilege Tax On Entry of Customers into Adult-Oriented Establishments
08-79 April 2, 2008 Proposed Amendment of Chapters 3, 4 and 7 of Title 13 of the Tennessee Code
08-80 April 3, 2008 Constitutionality of Exclusions from Uniform Residential Landlord and Tenant Act
08-81 April 3, 2008 Constitutionality of Tenn. Code Ann. § 50-2-103
08-82 April 3, 2008 Tenn. Code Ann. § 37-1-128(e)
08-83 April 3, 2008 Prohibition in Tenn. Code Ann. § 2-12-201
08-84 April 4, 2008 Constitutionality of Bill Regulating Unfair Insurance Practices
08-85 April 7, 2008 Inability of Municipalities to Rescind Election of "Tennessee River Resort District" Status
08-86 April 7, 2008 Effect of a Delinquent Property Tax Sale on an Easement Burdening the Real Property Sold
08-87 April 7, 2008 Constitutionality of SB 3418 as Amended Relating to Prohibition of Deceptive Geographic Business Names and Listings
08-88 April 8, 2008 Constitutionality of House Bill 66/Senate Bill 252 - Forfeiture of Property of Individuals Who Have Illegally Entered the Country
08-89 April 8, 2008 Activities that a Licensed Real Estate Broker May Perform Without Having an Auctioneer's License
08-90 April 8, 2008 Ability of Federally Recognized Indian Tribes to Conduct Gambling Activities In Tennessee
08-91 April 8, 2008 Constitutionality of Proposed Tennessee Administrative License Revocation Act of 2008
08-92 April 9, 2008 Reclamation Requirements Affecting Mineral Surface Mining Operations
08-93 April 11, 2008 Appointing Members of the Shelbyville Electric Power, Water and Sewerage Board
08-94 April 11, 2008 Validity of Pending Legislation Affecting Processing and Disposal of Radioactive Waste Material
08-95 April 21, 2008 Cost of Terminating Interest Rate Swap Agreement as Expense of Refunding
08-96 April 23, 2008 Lenoir City Council Member also Serving as City Board of Education Member
08-97 April 24, 2008 Federal Partial Birth Abortion Act
08-98 April 29, 2008 Attorneys' Advertising of DUI Defense Services
08-99 April 30, 2008 Validity of legislation requiring postsecondary schools to notify parents of drug or alcohol violations
08-100 May 6, 2008 Quarantine of Clandestine Methamphetamine Lab Locations
08-101 May 6, 2008 Financing for a Religious Entity under Tenn. Code Ann. § 67-4-3001, et seq.
08-102 May 6, 2008 School Board Spouse of Assistant Director Voting on School Director's Contract
08-103 May 6, 2008 Transfer of Felons Housed in the County Jails to the TDOC
08-104 May 6, 2008 Regulatory Takings as Applied to Coal Severance Tax
08-105 May 7, 2008 Constitutionality of Amendment 1 to Senate Bill 4104/House Bill 4089
08-106 May 7, 2008 Constitutionality of HB2858/ SB2653 authorizing student drug testing
08-107 May 9, 2008 County Board of Education Member also serving as City Council Member and City Board of Education Member
08-108 May 14, 2008 Reckless Driving Not a Crime Involving Moral Turpitude
08-109 May 14, 2008 Amendment of Tullahoma City Charter to Require Supermajority to Exceed Certified Tax Rate
08-110 May 16, 2008 Shelby County "Drive While You Pay" Program
08-111 May 16, 2008 Funding Budget of Joint Economic and Community Development Board
08-112 May 19, 2008 Constitutionality of HB 82 as Amended
08-113 May 20, 2008 Petition to Amend Knox County Charter
08-114 May 21, 2008 Criminal liability of mother of child born with drug addiction
08-115 June 3, 2008 Clerks Fees in Department of Human Services Child Support Enforcement Actions
08-116 June 5, 2008 Pay Plans for Principals and Teachers
08-117 June 12, 2008 Is Tenn. Code Ann. § 62-2-107 applicable to the replacement of windows at a county courthouse?
08-118 June 12, 2008 Clerks Fees in Department of Human Services Child Support Enforcement Actions
08-119 June 13, 2008 Application of 2002 Pub. Chap. 652
08-120 June 13, 2008 Minimum sentence and minimum fine for conviction for prostitution or patronizing prostitution within one and one-half (1 1/2) miles of a school.
08-121 June 25, 2008 Circuit Court Authority to Appoint CASA Volunteer
08-122 July 10, 2008 Application of Art. IV of Tennessee Constitution to Municipal Elections
08-123 July 14, 2008 Applicability of Section 6 of Chapter 170 of Public Acts of 2007
08-124 July 16, 2008 Definition of "Depraved and Sadistic" as it Relates to Aggravated Animal Cruelty
08-125 July 18, 2008 Filling a Vacancy in the Office of County Mayor
08-126 July 22, 2008 Requirement of Social Security Number in Tenn. Code Ann. § 36-3-104(a)
08-127 July 24, 2008 School Superintendent Contracts
08-128 July 24, 2008 Liability of Members of General Assembly for Impeachment or Removal of Judges
08-129 July 24, 2008 Incompatible Offices: County Commissioner and City Mayor
08-130 August 8, 2008 Validity of Political Party Nomination
08-131 August 8, 2008 Authority of Legislative Committee to Suspend Agency Rules
08-132 August 13, 2008 Constitutionality of De Facto Custodian Legislation
08-133 August 13, 2008 Issuance of Handgun Permits to Persons Suffering from Post Traumatic Stress Disorder
08-134 August 14, 2008 Sheriff’s Duty to Patrol within City Limits
08-135 August 15, 2008 Vote of Municipal Planning Commission to Approve or Disapprove a Plat
08-136 August 15, 2008 Authority of General Sessions and City Courts to issue Subpoenas for Telephone and Other Electronic Records in the Possession of Service Providers
08-137 August 15, 2008 Assistant District Attorney Serving as a Municipal Judge
08-138 August 19, 2008 Vacancy on Knox County Commission
08-139 August 19, 2008 Vacancy in Office of General Sessions Judge
08-140 August 19, 2008 Auction of tracts of real property prior to approval of subdivision plat by regional planning commission
08-141 August 19, 2008 Operation of More than One (1) Licensed Retail Liquor Store
08-142 August 19, 2008 Applicability of Tennessee diesel tax to transfers between or among licensed suppliers and exporters
08-143 September 4, 2008 Authority of Governmental Entity to Replace/Repair Sewer Lines on Private Property
08-144 September 4, 2008 Resignation under 2008 Tenn. Pub. Acts Ch. 871
08-145 September 10, 2008 County Powers to Regulate a Sawmill on Land Zoned for Agriculture
08-146 September 10, 2008 State Trooper Running For Sheriff
08-147 September 11, 2008 Public Records
08-148 September 18, 2008 Fire and Ambulance Service Fees in Shelby County
08-149 September 18, 2008 Effect of Guilty Plea to Board of Professional Responsibility Upon Guardian ad Litem’s Immunity
08-150 October 1, 2008 The Constitutionality of Public Chapter 1030, Section 2
08-151 October 2, 2008 Constitutionality of State Welcome Center Brochure Policy
08-152 October 3, 2008 Application of Little Hatch Act to Campaign Memorabilia
08-153 October 3, 2008 Representing Participants in Benefit Review Conference; Unauthorized Practice of Law
08-154 October 3, 2008 Utility District Grant to a Church
08-155 October 6, 2008 WITHDRAWN
08-156 October 6, 2008 Increase in positions or funding to office of public defender under Tenn. Code Ann. ' 16-2-518
08-157 October 6, 2008 Disposal of Confiscated Weapons by Judicial District Drug Task Force
08-158 October 8, 2008 Expenditure of Hotel-Motel Tax Revenues on “Tourist Related Activities”
08-159 October 8, 2008 Contracts for termite inspection and protection
08-160 October 9, 2008 State Licensing of Halfway Houses
08-161 October 9, 2008 Workers’ Compensation -- Ex parte Communication Between Case Managers and Employee’s Physician
08-162 October 10, 2008 Clerks Fees in Department of Human Services Child Support Enforcement Actions
08-163 October 10, 2008 Exceptions to Required Use of Ignition Interlock Devices for Specified DUI Offenders
08-164 October 14, 2008 Tenn. Code Ann. § 48-66-103
08-165 October 15, 2008 Search of Premises Quarantined Due to Methamphetamine
08-166 October 15, 2008 Authority of Board of Accountancy to Retain Investigator
08-167 October 16, 2008 Authorization and Adoption of County Litigation Taxes
08-168 October 24, 2008 Aggravated Child Abuse and Neglect
08-169 October 27, 2008 Local Funding of Charter Schools- Tenn. Code Ann. § 49-13-112
08-170 November 5, 2008 Application of Tennessee's Adult-Oriented Establishment Act to Strip Clubs
08-171 November 5, 2008 Petition for Popular Election on County “Wheel Tax”
08-172 November 10, 2008 Executive Agency under Tenn. Code Ann. § 3-6-301
08-173 November 12, 2008 Terms of State Legislators and Speakers
08-174 November 18, 2008 School Support Organization Financial Accountability Act – T.C.A. § 49-2-601, et seq
08-175 November 18, 2008 Private Probation Companies
08-176 November 18, 2008 State Fair Board and Lease for Use of State Fairgrounds
08-177 November 20, 2008 Same Individual Serving as Constable and County Commissioner
08-178 November 21, 2008 Tenn. Code Ann. § 12-3-219- Reverse Auctions
08-179 November 21, 2008 Issuance of traffic citations based on evidence obtained from a surveillance camera
08-180 December 1, 2008 Service of School Board Member as a Substitute Teacher: Tenn. Code Ann. § 49-2-203(a)(1)(D)
08-181 December 1, 2008 Misdemeanor Arrests: the “police team doctrine”
08-182 December 1, 2008 Archives and Records Management Fee
08-183 December 11, 2008 City Council Appointing Municipal Court Clerk
08-184 December 11, 2008 Municipal Regulation of Tree Harvesting
08-185 December 12, 2008 Authority of Governmental Entity to Replace/Repair Sewer Lines on Private Property
08-186 December 12, 2008 Tax-exempt fuel provided by county board of education to independent contractor
08-187 December 16, 2008 Unpaid Rest Breaks or Meal Periods under Tenn. Code Ann. § 50-2-103(h)
08-188 December 16, 2008 County and City Authority to Regulate Vendors on State Highways
08-189 December 23, 2008 Juvenile Court Jurisdiction to Hear Petitions to Set Child Support Involving Married Persons
08-190 December 29, 2008 Retention of Audio Recordings and Stenographic Notes of a Criminal Proceeding
08-191 December 29, 2008 Constitutionality of 1978 Tenn. Priv. Acts Ch. 322
08-192 December 29, 2008 State Contracts
08-193 December 29, 2008 Maintenance of Effort: State Grants for Libraries and Emergency Communications Boards
08-194 December 29, 2008 Constitutionality of Amendments to BEP’s “Maintenance of Effort” Provisions
08-195 December 31, 2008 Effect of Tenn. Code Ann. § 9-4-210 on General Assembly elected after its passage
08-196 December 31, 2008 Residency in Aldermanic District
08-197 December 31, 2008 Copper Basin Hospital District

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