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John A. W. Bratcher, Clerk And Master/Special Commissioner v. Beverly M. Hubler
508 S.W.3d 206
| Tenn. Ct. App. | 2015
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Background

  • 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)
Read the full case

Case Details

Case Name: John A. W. Bratcher, Clerk And Master/Special Commissioner v. Beverly M. Hubler
Court Name: Court of Appeals of Tennessee
Date Published: Oct 12, 2015
Citation: 508 S.W.3d 206
Docket Number: M2015-00060-COA-R9-CV
Court Abbreviation: Tenn. Ct. App.