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29

Sep

This time around, the case involves unethical pressure on members of the local board of zoning appeals. The case comes to us from Indianapolis, where a former law enforcement officer was elected to a position with the city council.

29

Sep

Cheatham County v Cheatham County Board of Zoning Appeals, 2012 WL This very unusual case involves two decisions by the Cheatham County Board of Zoning Appeals. The board originally heard an appeal regarding access to the subject property and granted it. Roughly a year later, after the property had been sold, the new owner obtained …

29

Sep

Unfortunately, everyone struggles with the applicability of the First Amendment to the federal Constitution in the context of sign regulations. One of the leading authorities in land use planning law in this country, Daniel Mandelker, has written a publication available online reviewing this area of the law and its impact specifically on business accessory and …

29

Sep

A recent Tennessee Court of Appeals decision involving the common law writ of certiorari highlighted a case decided by the Tennessee Supreme Court over a year ago, but one which I had missed. The recent case, handed down within just the last day or two by the Tennessee Court of Appeals, Phillips v Northwest Correctional …

29

Sep

One question my contractor clients often ask me is, "how can I ensure I get paid?" Unfortunately, there is nothing out there that can guarantee contractors will get paid. Many years ago, the legislature enacted the Mechanic's and Materialmen's Lien Statute as a means of providing contractors security from non-payment. A mechanic's lien is a …

29

Sep

Contractors, like many others, are regulated professionals. In order to engage in “contracting”, a person must have a license, which requires the passage of an exam and proving financial security.