Court determines the rightful owner of real property following the death of one of the tenants

RICHARD RHODEN v. DONALD D. RHODEN (Tenn. Ct. App. September 29, 2011)

This is an action for unlawful detainer. The property at issue was deeded to the plaintiff and his father "as tenants in common with the right of survivorship." For a time, the father, the plaintiff, and the plaintiff's brother all lived together on the property. The father died intestate. After the father's death, the plaintiff asked his brother to leave the property, and the brother refused. The plaintiff then filed this action against his brother for unlawful detainer, claiming that he was the sole owner of the property after their father's death based on his right of survivorship. After a bench trial, the trial court agreed and held in favor of the plaintiff. The brother now appeals. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/rhodenr_092911.pdf

Court reviews an action to recover litigation expenses in a case to quiet title to a portion of property

DAVID DAWSON JOHNSON v. MADISON COUNTY, TENNESSEE (Tenn. Ct. App. September 29, 2011)

Madison County allegedly erroneously mis-assigned and sold a portion of Appellant's property. Many years later, in 2006, Appellant learned of the alleged mistake and filed suit to quiet title against Madison County, two former owners, and the then-current property owner. In 2010, the matter was settled prior to trial, and the property was returned to Appellant. Appellant then filed suit against Madison County seeking to recover his litigation expenses incurred in the action to quiet title. The trial court, however, dismissed his claims as time-barred. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/johnsond_092911.pdf

Court reviews the most appropriate equitable remedy for a parcel of land passed by a decedent to his heirs

WANDA LEAVER WILLIAMS ET AL. v. BRANDON LEAVER ET AL. (Tenn. Ct. App. September 28, 2011)

The trial court imposed a constructive trust on a six-acre parcel of real property to carry out the intent of the father that his son and daughter would divide the property. The court ordered the sale of the property and division of the proceeds. We have concluded that the more appropriate equitable remedy is a resulting trust and have modified the judgment with regard to the disposition of the sale proceeds. Otherwise, we affirm the result reached by the trial court.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/williamsw_092811.pdf

Court reviews whether a landlord had a duty under a commercial lease to repair a tenant's leaky roof

C.F. PROPERTY, LLC v. RACHEL SCOTT ET AL. (Tenn. Ct. App. September 27, 2011)

This is a landlord-tenant dispute involving commercial property with a known and disclosed "leaky roof." The lease states that the "property" is leased "as is where is." In an email sent prior to the execution of the lease, the landlord stated it would "talk about" repairing the roof after the first year. The leakage increased dramatically after the first year. The tenant began withholding rent.

The landlord filed an unlawful detainer action and the tenant filed a counterclaim for damages resulting from the leaky roof. A bench trial ensured. The court held that, by telling the tenant it would "talk about" repairing the roof, the landlord misrepresented that the roof was repairable when the landlord knew it could not be repaired, and that the landlord had a duty under the lease to repair the roof. The landlord appeals. We reverse the judgment and remand for a determination of the damages due the landlord under the lease.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/CFProperty_092711.pdf

Court reviews the enforceability of a purchase and sales agreement and who is liable for its breach

ROSS H. TARVER, et al., v. OCOEE LAND HOLDINGS, LLC., et al. (Tenn. Ct. App. September 19, 2011)

Plaintiffs sued defendants on a sale of real estate contract wherein defendants agreed to purchase certain real estate located in Polk County from plaintiffs for a stated price. Defendants joined issue on the pleadings in the trial before the Trial Judge.

The Trial Court held that the purchase and sales agreement was enforceable, and refused to find Ocoee Land Holdings, LLC liable for breach of the purchase and sales agreement, but held Glen Fetzner personally liable. Defendants and plaintiffs have appealed.

On appeal, we hold that the purchase and sales agreement was an enforceable contract, but the Court erred when it held Glen Fetzner personally liable for the breach of the purchase and sales agreement, and the Trial Court also erred when it did not find Ocoee Land Holdings, LLC liable for the breach of the contract. We enter Judgment against Ocoee Land Holdings, LLC.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/tarverr_091911.pdf

Court reviews the reformation of a lease agreement

TRACEY CHANDLER and KELLY WILSON v. CHARLESTON VOLUNTEER FIRE DEPARTMENT (Tenn. Ct. App. September 13, 2011)

The trial court reformed a lease agreement, finding certain terms had been erroneously transposed. Appellants contend the reformation was error. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/chandlert_091311.pdf

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