Court reviews whether several deeds of conveyance were fraudulent.

TABITHA LAYNE, ET AL. v. TYRON LAYNE ADKINS, ET AL. (Tenn. Ct. App. August 25, 2011)

Tabitha Layne, individually, and as Administratrix of the Estate of Freddie Steven Layne, and as Next Friend of Stephanie Layne and Teddy Layne ("Plaintiff") sued Tyron Layne Adkins, Kenneth Rowe, and a certain tract or parcel of Property Identified as Map #089, Parcel 060.01 ("the Property") alleging, in part, that Ms. Adkins and Mr. Rowe had committed fraud with regard to deeds of conveyance of the Property.

After a trial, the Trial Court entered its judgment finding and holding, inter alia, that four specific deeds with regard to the Property were void; that legal title to the Property is held by the heirs of Ted Layne with the Estate of Freddie Steven Layne holding title to one-third interest, Nancy Bolton Layne holding title to one-third interest, and Tyron Layne Adkins holding title to one-third interest; and awarding Mr. Rowe a judgment against Tyron Layne Adkins of $139,000 as a result of a cross-claim. Mr. Rowe appeals to this Court. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/laynet_082511.pdf

Court reviews whether the Knoxville City Council can review the Board of Zoning Appeals's decisions.

ANITA J. CASH, CITY OF KNOXVILLE ZONING COORDINATOR, v. ED WHEELER (Tenn. Ct. App. August 16, 2011)

The City of Knoxville Board of Zoning Appeals granted defendant a variance and the Knoxville City Council then nullified the variance granted by the Board of Zoning Appeals. Defendant then appealed to the Chancery Court of Knox County contending that the city ordinance which permitted the City Council to review the decisions of the Board of Zoning Appeals was invalid, and the Chancellor agreed. On appeal, we hold that the ordinance at issue is valid under the State's statutory scheme. We reverse the Chancellor and remand for further proceedings.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/casha_081611.pdf

Court reviews the boundary lines established by two different surveyors

GLENN CUPP ET AL. v. BILL HEATH ET AL. (Tenn. Ct. App. August 11, 2011)

In late 2007, the defendant Bill Heath built a fence on a line running generally east and west, said line having been established by surveyor Bill Parsons in 1990 and then re-staked in 2007 by surveyor Dennis Fultz. The plaintiff Glenn Cupp, an adjoining landowner to the south of Heath, hired surveyor Mark Comparoni to establish his northern line because Cupp believed Heath had built the fence much too far to the south. Marjorie Keck, who joins Heath on her northern boundary and Cupp on her western boundary, also commissioned Comparoni to survey her land. Comparoni's survey confirmed that Heath's new fence incorrectly encompassed approximately 35 acres of Cupp's land and approximately 6 acres of Keck's land. Cupp and Keck filed this action against Heath in 2008 to establish their northern boundary with Heath and the Cupp/Keck common boundary as surveyed by Comparoni. The trial court found that the Comparoni survey correctly established the boundary lines of all the parties. Heath appeals. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/cuppg_081111.pdf

Court reviews claims of fraud and unjust enrichment against a defendant who defaulted on a loan

THE BANK OF NASHVILLE v. CHARLES CHIPMAN, SR., ET AL. (Tenn. Ct. App. August 8, 2011)

Defendant defaulted on a $300,000 loan from plaintiff bank. He subsequently renewed the loan but not before transferring certain assets to his wife. He never repaid the loan. The bank filed suit against the husband for breach of contract and fraud and against both defendants for fraudulent conveyance, conversion, civil conspiracy to defraud, and unjust enrichment. The bank also sought a lien lis pendens, a constructive trust, and a judicial sale and foreclosure.

The trial court found against the husband with respect to the bank's claims for breach of contract and fraud (in renewing the loan), against the wife for unjust enrichment, and against both defendants for fraudulent conveyance. The court denied the bank's request for a constructive trust and a judicial sale and foreclosure. The parties appeal the trial court's disposition of claims for fraud, civil conspiracy to defraud, and unjust enrichment, as well as its decision not to impose a constructive trust. We find for the bank on its fraud (against the husband) and unjust enrichment (against the wife) claims. We find against the bank on its claims for civil conspiracy to defraud and the imposition of a constructive trust.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/bankofnashville_080811.pdf

Court reviews a zoning board's decision to deny a permissible use permit for rural property

JERRY KITTRELL v. WILSON COUNTY, TENNESSEE, ET AL. (Tenn. Ct. App. August 4, 2011)

The owner of a piece of rural property in Wilson County applied for a "permissible use" permit that would allow him to display vehicles for sale on the property. The County planning staff recommended against issuance of a permit, reasoning that the proposed use was not consistent with other uses permitted in an A-1 (agricultural) zoning district. The owner appealed to the Board of Zoning Appeals, which agreed to issue the permit, but limited the use to "no more than 10 serviceable items being on the property at any given time."

The owner challenged the limitation by filing a petition for writ of certiorari in the Wilson County Chancery Court. The court determined that the BZA had acted arbitrarily and had exceeded its authority by placing a condition on the owner's use of the property of a type not contemplated by the controlling ordinance, and it removed that condition. We affirm the removal of the condition, but we reverse the trial court's holding that the BZA had violated the property owner's substantive due process rights.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/kittrellj_080411.pdf

Land dispute impacts eminent domain cases

In the battle of land for Nashville's new convention center, the recusal of Judge Barbara Haynes seems to have been crucial. That, and a couple of Californians who have had a hand in changing the way eminent-domain cases are handled in Davidson County.

Read the full story at the Nashville Post's website.

Court reviews a case involving the default on an assumed mortgage

PAUL W. CHAMBERS v. FIRST VOLUNTEER BANK OF TENNESSEE (Tenn. Ct. App. July 29, 2011)

This case arises from a dispute over the repayment of a loan. Penny Chambers obtained a loan through a bank in order to buy a house. Penny Chambers defaulted on the loan. Paul W. Chambers ("Chambers"), Penny Chambers's husband, later assumed the mortgage.

Chambers allegedly defaulted and First Volunteer Bank of Tennessee ("the Bank") stated that it would foreclose if he did not cure the default. Chambers sued the Bank in the Chancery Court for Polk County ("the Trial Court").

The Trial Court granted the Bank's motion to dismiss. Chambers appeals. We find that the Trial Court did not err in granting the Bank's motion to dismiss. We further find that the Trial Court did not err in denying Chambers's motion to alter or amend and motion for default. The judgment of the Trial Court is affirmed.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/chambersp072911.pdf

Court Reviews a Case Involving a Boundary Dispute, Adverse Possession, and Laches

RICHARD L. HOLLOW, TRUSTEE v. BEULAH BUTLER, ET AL. (Tenn. Ct. App. July 26, 2011)

Richard L. Hollow, Trustee ("Plaintiff") sued Beulah Butler with regard to a boundary line dispute. After a trial, the Trial Court entered its order finding and holding, inter alia, that the common boundary line between Plaintiff's real property and Ms. Butler's real property is as shown on a September 17, 2003 survey prepared by Plaintiff's surveyor, James Ogle, and that Ms. Butler had not proven adverse possession, laches, or gross laches. Ms. Butler appeals to this Court. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/hollowr_072611.pdf

Foreclosure activity down due to delays

Foreclosure activity in Tennessee declined 25 percent in the first half of the year compared to the first six months of 2010, according to a midyear report released today by RealtyTrac. Nationwide, foreclosure activity declined by 25 percent from the previous six months and 29 percent from the first half of 2010. According to the report, though, the decline is not a sign of a rallying economy, but due to processing delays. RealtyTrac estimates that because of the delays potentially one million foreclosures that should have occurred in 2011 will now happen in 2012 or later.

Read the fully story at the Memphis Business Journal's website

Court reviews citations issued against a property owner for failing to obtain permits

METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE v. RICHARD A. DEMONBREUN (Tenn. Ct. App. June 29, 2011)

Property owner seeks review of the trial court's decision that two citations were properly issued against him because he did not have a permit for hosting historic home events on his property as required by the Metropolitan Government. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/demonbreunr_062911.pdf

Court reviews the termination of an injunction in a case involving secured parties

SENIOR HOUSING ALTERNATIVES, INC. v. BERNARD GLOBAL LOAN INVESTORS, LTD. (Tenn. Ct. App. June 28, 2011)

Senior Housing Alternatives, Inc. ("the Borrower") filed this action against Bernard Global Loan Investors, Ltd. ("the Secured Party") asking the trial court to enjoin the Secured Party from foreclosing on a deed of trust that secured several notes on which the Borrower had defaulted. In essence, the Borrower's complaint alleges that its original lender had defrauded the Borrower and inflated the balance owed on the notes and that the Secured Party had knowledge of the fraud when it took ownership of the notes and deed of trust. The complaint alleges that the merits of the case are at issue in a federal district court in Georgia.

Despite expressing reservations about the Borrower's ability to prevail on the merits, the trial court granted it a temporary injunction to preserve the status quo in an order entered February 15, 2010. The court noted that developments in the federal court action could affect the equities and set a hearing for August 13, 2010, to "review the entire matter." Two days before the hearing date, the Secured Party filed a brief, with supporting affidavits, asking the court to dissolve the injunction. The court heard proof at a status conference and thereafter issued a memorandum opinion explaining that it was dissolving the injunction because, among other things, the court did not believe the Borrower could prevail on the merits. The Borrower appeals from the order dissolving the injunction and dismissing the complaint. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/seniorhousing_062811.pdf

Court reviews a boundary line dispute between adjacent property owners

MICHAEL C. DRESSLER ET AL. v. EDWARD BUFORD (Tenn. Ct. App. June 28, 2011)

This is an action to establish the common boundary line between adjacent property owners. Following a four-day bench trial, the trial court adopted Plaintiffs' survey to establish the parties' common boundary line. Defendant appeals arguing that the evidence preponderates against the trial court's findings. Finding the evidence does not preponderate against the trial court's numerous findings, we affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/dresslerm_062811.pdf

Court Reviews a Ruling to Prohibit Homeowners from Using their Property for Nonresidential Purposes

LONNIE E. ROBERTS, ET AL. v. CLAUDE RUSSELL BRIDGES a/k/a LEON RUSSELL, ET UX. (Tenn. Ct. App. May 18, 2011)

This appeal involves the enforcement of a restrictive covenant. A group of neighbors filed suit seeking permanently to enjoin a musician and his wife from using their property for nonresidential purposes. The trial court ruled in favor of the neighbors after a bench trial, prohibiting the homeowners from parking a tour bus, two panel trucks, and several employee vehicles on their property and ordering the homeowners to remove a portion of a parking lot and driveway built to accommodate the vehicles. The court later awarded discretionary costs to the neighbors. We reverse the grant of injunctive relief requiring the homeowners to remove a portion of the parking lot and driveway but affirm the trial court in all other respects.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/robertsl_051811.pdf

Foreclosure publication requirements diminished

Legislation brought on behalf of the Tennessee Banker's Association--that would cut the number of times a notice of foreclosure would have to run in the newspaper from three to two--cleared what may be its last major hurdle when the Senate Judiciary Committee, by a vote of five to four recommended for passage SB1299/HB 1920. The action has preempted efforts by the Tennessee Bar Association to enact more comprehensive reforms in the foreclosure process.

Court Reviews Whether Plaintiff was Barred from Bringing Suit because Defendant was Presumptive Owner of Property at Issue

ELMER ELLIOTT, JR. v. PEARL ELLIOTT, ET AL. (Tenn. Ct. App. May 4, 2011)


The trial court granted summary judgment to defendants, finding that plaintiff was ousted from the property at issue, that defendant Pearl Elliott was the presumptive owner of the property due to recordation and payment of property taxes, and that plaintiff's suit was statutorily barred. We affirm.


Opinion available at:

http://www.tba2.org/tba_files/TCA/2011/elliote_050411.pdf