Modifying a previously granted zoning variance

MTAS was asked for assistance with questions related to a landowner desiring to modify a previously granted zoning variance.

O'Hara, Stephanie Allen
Legal Opinion
Zoning--Laws and regulations--Tennessee
Zoning--Variances and appeals
Internal
04/20/2021
11/24/2020

Planning committee issues

MTAS was asked to research the potential liabilities of a city with regard to subdivision development located outside the city boundaries that had initial approval of, and oversight from, planning commission.

Ashburn, Melissa
Legal Opinion
Planning--Commissions
Planning--Commissions--Tennessee
Zoning--Subdivisions
Zoning--Subdivisions--Tennessee
Urban growth
Land use
Liability
Governmental tort liability
Public
07/27/2021
04/21/2003
Fire Chief, Rossville Mar 23, 2026

Civil penalties increase with increase in underage sales

MTAS Legal Consultant Elisha Hodge responded to the following request: Can the City Council amend the beer ordinance to “mandate a set fee per violation of sales to minors, for example if it is not a responsible vendor and it is a first offense require them to do the training and a $500 fine, second offense $1000, third offense $2500 and revoke permit.” 

Hodge, Elisha
Legal Opinion
Beer--Licenses and permits
Beer--Licenses and permits--Municipal ordinances
Beer--Laws and regulations
Beer--Municipal ordinances
Public
05/9/2023
02/15/2023

Chalking tires for parking enforcement is unreasonable search

MTAS Legal Consultant Elisha Hodge notifies Tennessee municipalities that the US Court of Appeals for the Sixth Circuit opined that the practice of marking tires with chalk, in order to monitor how long a vehicle is parked in a parking space for the purpose of enforcing parking restrictions, is an unreasonable search in violation of the Fourth Amendment of the United States Constitution.

Hodge, Elisha
General
Parking--Laws and regulations
Constitutional law
Public
04/21/2021
04/30/2019

Municipality paying attorney fees for private residents who sued the municipality

MTAS was asked to provide an opinion on the matter of a town using public funds to pay for attorney's fees for private residents who successfully challenged the passage of an ordinance related to a rezoning request.

Hodge, Elisha
Legal Opinion
Finance--Use of public funds
Zoning--Boards
Public
01/6/2023
09/23/2022

Wording the ballot on the establishment of an E-911 district

MTAS was asked how the question on the establishment of an E-911 district within a city should be worded on the ballot.

Hemsley, Sid
Resolution
Elections--Initiatives and referendums
Emergency communications--Districts
Clinton (Tenn)
Internal
07/27/2021
02/7/1996

Model public records policy

Pursuant to the requirements of Public Chapter 722, Acts of 2016, the Tennessee Office of Open Records Counsel released the Model Public Records Policy with accompanying material.

Tennessee Office of Open Records Counsel
General
Records management--Open records--Laws and regulations
Records management--Open records
Public
04/22/2021
01/19/2017

Ordinance increasing the local option sales tax from 2.25% to 2.75% in the town of Estill Springs, Tennessee

MTAS was asked to provide an ordinance increasing the local option sales tax.

Darden, Don
Ordinance
Elections--Initiatives and referendums
Municipal ordinances
Taxes--Sales
Public
05/20/2021
08/7/2002

Proposed adoption of a sales tax increase

MTAS was asked to analyze three questions related to the proposed adoption of a sales tax increase.

Hemsley, Sid
Legal Opinion
Elections--Initiatives and referendums
Taxes--Sales
Internal
07/27/2021
07/26/2012
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