John A. W. Bratcher, Clerk And Master/Special Commissioner v. Beverly M. Hubler
508 S.W.3d 206
| Tenn. Ct. App. | 2015Background
- Plaintiff Bratcher sought to condemn a right-of-way for Millie Hall heirs to access landlocked property under Tenn. Code Ann. §54-14-101, et seq.
- Defendants included private landowners, the State of Tennessee, and the Town of Smyrna; sovereign-immunity defenses were pressed.
- Chancery Court denied dismissal but allowed interlocutory appeal for the immunity issue.
- Interlocutory appeal granted to determine if State or Smyrna may be sued under the condemnation statutes or are immune.
- Court held the State and Town are entitled to dismissal based on sovereign immunity; decision reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State and Smyrna may be sued under the condemnation statutes | Bratcher argues statutes apply and waive immunity for private condemnations. | State and Smyrna contend sovereign immunity bars suit absent explicit waiver. | State and Smyrna immune; dismissal affirmed. |
Key Cases Cited
- Colonial Pipeline Co. v. Morgan, 263 S.W.3d 827 (Tenn. 2008) (waiver of sovereign immunity must be explicit and clear)
- Mullins v. State, 320 S.W.3d 273 (Tenn. 2010) (clear, unmistakable statutory waiver required)
- Northland Ins. Co. v. State, 33 S.W.3d 727 (Tenn. 2000) (waiver must be explicit for state immunity)
- Davidson v. Lewis Bros. Bakery, 227 S.W.3d 17 (Tenn. 2007) (statutory waivers construed strictly against immunity)
- Lynn v. City of Jackson, 63 S.W.3d 332 (Tenn. 2001) (general statutes do not apply to the State absent express provision)
- Hughes v. Metro. Gov't of Nashville & Davidson Cnty., 340 S.W.3d 352 (Tenn. 2011) (legislature controls waiver of immunity, not judiciary)
- Estate of Bell v. Shelby Cnty. Health Care Corp., 318 S.W.3d 823 (Tenn. 2010) (statutory waivers must be clear and explicit)
