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…

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…

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…

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.

A couple of years ago, I posted a comment on an interesting sign case involving a spray-painted message on the front of a home in the town of Cary, North Carolina. You can find that post here. The town lost in front of the trial court, which concluded that the sign ordinance violated the First…

Tennessee is experiencing significant growth, and is expected to continue to grow. This growth should lead to more commercial, industrial and residential development. Given our history as a rural and (at one point) frontier state, many developers may encounter a truly unexpected site condition: grave sites. The presence of a burial ground will impact the…