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2000 Opinions


00-001 January 4, 2000 General Sessions Judge's Legal Authority
00-002 January 4, 2000 Powers of Board under Sheriff's Civil Service Law
00-003 January 6, 2000 Utility Districts with Territory in More than One County
00-004 January 6, 2000 Special School District - Waiver of Pro Rata Distribution of Bond Proceeds
00-005 January 11, 2000 Fundraising, School Property, County Trustee, Audits
00-006 January 11, 2000 Truancy enforcement -- private and church-related schools
00-007 January 18, 2000 Exemptions Under the Tennessee Oil Spill Cleanup and Environmental Preservation Act
00-008 January 18, 2000 Effect of Juvenile Delinquency Adjudications Upon Ability to Obtain Handgun Carrying Permit
00-009 January 19, 2000 Actions of Court Officers
00-010 January 19, 2000 House Rule 63: Status of House Bill 954
00-011 January 24, 2000 Campaign Fundraising by Legislator for County Office
00-012 January 24, 2000 Constitutionality of Tenn. Code Ann. § 36-5-116(a)(1)
00-013 January 24, 2000 Building and Fire Codes for County Educational Facilities
00-014 January 26, 2000 Publication of criminal case dispositions on the Internet
00-015 January 26, 2000 Voting on Metropolitan Planning Organization
00-016 February 2, 2000 TennCare / House Bill 2002
00-017 February 8, 2000 Constitutionality of Municipal Charter Amendment that Extends Term of Elected Officials
00-018 February 10, 2000 Inclusion of Federally Owned Land in County Growth Plan
00-019 February 10, 2000 Separation of Powers: Board Appointments by Speakers
00-020 February 15, 2000 Constitutionality of Tenn. Code Ann. § 39-17-1305
00-021 February 15, 2000 Constitutionality of Public Chapter 128
00-022 February 15, 2000 Effect and Enforcement of Growth Plan
00-023 February 15, 2000 Smyrna City Court: Disposition of Bond Forfeitures
00-024 February 15, 2000 Franklin Special School District - Avoiding County Tax for Bonds for School Purposes
00-025 February 15, 2000 Authority of McMinn County to Impose Host Fee on Privately Owned Landfill Inside the County
00-026 February 15, 2000 Peace Officers Standards and Training (POST) pre-employment requirements
00-027 February 18, 2000 Title IV-D Child Support Enforcement: Welfare Eligibility, Custody and Privilege Issues
00-028 February 22, 2000 Legality of Contracting With Person Receiving Tennessee Consolidated Retirement System Benefits
00-029 February 22, 2000 Amending a Nonprofit Corporation's Charter
00-030 February 22, 2000 Violations of Tenn. Code Ann. § 39-17-911(a)(1)
00-031 February 22, 2000 Ability of Persons to Carry Firearms on Premises that Sell Beer Which Contains Five Percent Alcohol or Less
00-032 February 28, 2000 Extraterritorial City Zoning
00-033 February 28, 2000 1988 Tenn. Priv. Acts, ch. 144 - Restrictions On Solid Waste Disposal - Commerce Clause
00-034 February 29, 2000 Workforce Investment Act of 1998 - Propriety and Constitutionality of H.B. 2389
00-035 March 1, 2000 Release of arrestees who have posted bail
00-036 March 6, 2000 Annexation after Growth Plan Adopted
00-037 March 7, 2000 Reorganization of Department of Transportation
00-038 March 7, 2000 Requirement of Handgun Safety Class for Individual Whose Handgun Carrying Permit Has Expired
00-039 March 13, 2000 State Park Entrance Fees and Parking Fees - Authority To Establish By Rulemaking
00-040 March 13, 2000 "Balance Billing" by Non-Contractual TennCare Providers
00-041 March 13, 2000 Transfer of Duties of Knox County Circuit Court Clerk
00-042 March 13, 2000 Representation of the State in Criminal and Juvenile Proceedings in General Sessions Courts
00-043 March 13, 2000 General Sessions Judge Serving as Trenton City Judge
00-044 March 13, 2000 Issuance of citations and arrest warrants by general sessions court clerks
00-045 March 13, 2000 Management and Sale of Bradley County Memorial Hospital
00-046 March 13, 2000 Constitutionality of HB2296
00-047 March 13, 2000 Tennessee Constitution, Article II, Section 19
00-048 March 16, 2000 Authority of Law Enforcement Officers to make Misdemeanor Arrests
00-049 March 20, 2000 Home Schooling -- Parents'/Legal Guardians' Notification of Director of Schools by August 1
00-050 March 20, 2000 Franklin County Constables
00-051 March 20, 2000 Sentence Credits pursuant to Tenn. Code Ann. §41-2-111 for inmates in county jails or workhouses
00-052 March 22, 2000 Scheduling Recall Election
00-053 March 22, 2000 Authority of County to Impose a Surcharge on Disposal of Municipal Solid Waste at a Privately Owned Disposal Facility
00-054 March 23, 2000 Service as UT Assistant General Counsel and Member of Judicial Selection Commission
00-055 March 28, 2000 Permanent Disqualification from Office
00-056 March 31, 2000 Responsibility for FBI R-84 Disposition Report
00-057 March 31, 2000 Teachers' organizations - limitations on access to school communication media
00-058 March 31, 2000 Publication of Criminal Court Records on the Internet
00-059 April 3, 2000 Local Option Budgeting Law and Private Act
00-060 April 3, 2000 Constitutionality of Limiting Minor's Access to Video Games
00-061 April 3, 2000 Worthless Checks, Tenn. Code Ann.§ 39-14-121
00-062 April 3, 2000 Exclusion from Ad Valorem Taxation of Personal Property of Individuals
00-063 April 3, 2000 Status of Ambulatory Surgical Treatment Center License After Closure
00-064 April 3, 2000 Legislator as State Employee
00-065 April 3, 2000 Authority of Limited Insurance Representative under Tenn. Code Ann. § 56-6-138
00-066 April 5, 2000 Authority of the Legislature to Direct Valuation Methods for Low-Income Residential Property under Article II, § 28 and § 29 of the Tennessee Constitution
00-067 April 6, 2000 Expanding a Utility District
00-068 April 11, 2000 Constitutionality of Limiting Minor's Access to Video Games
00-069 April 11, 2000 Constitutionality of Proposed Amendment to House Bill 2230 Limiting Payment of Punitive Damage Awards to Civil Litigation Plaintiffs Who Obtain Judgments Including Punitive Damages in an Amount Over $50,000,000 Against One or More of the Defendants Released From Liability Pursuant to the Master Settlement Agreement
00-070 April 11, 2000 "Emeritus Programs" Established by the Board of Regents of the State University and Community College System and the Board of Trustees of the University of Tennessee
00-071 April 11, 2000 Identification for Pawn Transactions
00-072 April 17, 2000 Obstructions on the right-of-way
00-073 April 17, 2000 Municipal Courts
00-074 April 17, 2000 Guilty plea to adult driving while impaired by a person between the ages of 18 and 21
00-075 April 17, 2000 Prior service credits for assistant public defenders
00-076 April 25, 2000 Group Homes for the Mentally Retarded
00-077 April 25, 2000 Constitutionality of House Bill 3062/Senate Bill 2320
00-078 April 27, 2000 Community Corrections Act
00-079 May 1, 2000 Zero Tolerance Policy of the Department of Human Services
00-080 May 1, 2000 Authority of Domestic Violence State Coordinating Council
00-081 May 1, 2000 Senate Bill 3291 / House Bill 3301 - Private Act - Sevier County Commission - Nonbinding Referendum - Zoning - Constitutionality
00-082 May 2, 2000 Constitutionality of Amendments to HB 2297 / SB 2475 concerning Grandparent Visitation
00-083 May 4, 2000 Failure to Enact Appropriations Act
00-084 May 4, 2000 Are the amendments proposed in Senate Bill No. 2665 constitutional?
00-085 May 4, 2000 Impact of Legislative Proposal on a Rutherford County Referendum to Increase the Local Sales Tax
00-086 May 5, 2000 Competitive Bidding Requirements For County Road Construction Contracts
00-087 May 5, 2000 Interpretation of Tenn. Code Ann. § 57-5-101 Concerning Microbreweries
00-088 May 5, 2000 Police Department Dispatcher as Neutral and Detached Magistrate
00-089 May 9, 2000 "Health Care Provider Joint Negotiations Act" As Exemption from Antitrust Laws
00-090 May 9, 2000 Public Notice on Internet Site
00-091 May 15, 2000 Zoning by Chickasaw Trail Economic Development Authority
00-092 May 16, 2000 Constitutionality of S.B. 2234, conversion of restitution orders to civil judgments
00-093 May 17, 2000 Compensation of Part-Time County Employees While Serving Weekend National Guard Duty
00-094 May 18, 2000 Nonresident Property Owners Voting in Municipal Elections - City of Spring Hill - Tenn. Code Ann. § 6-53-102 - Constitutionality of House Bill 1932 / Senate Bill 1933
00-095 May 18, 2000 Legality of "Special Call" Meeting of City of Jellico Board of Mayor and Aldermen
00-096 May 22, 2000 Authority of Public Housing Authority Law Enforcement Officer
00-097 May 22, 2000 Legality of a Transfer of Funds from the Tennessee Transportation Equity Trust Fund
00-098 May 23, 2000 Application of Amusement Tax to Event Sponsored by Firefighters Through Independent Contractor
00-099 May 24, 2000 State Regulation of Federal Campaigns
00-100 May 24, 2000 Maintenance of Roads Within State Parks, State Forests and State Natural Areas
00-101 May 24, 2000 County Contract to Sell Public Records
00-102 May 31, 2000 Charter Provision Raising Salary of Mayor of Smithville
00-103 June 1, 2000 Effect of SB3147 / HB3259 on Building Fees and Permits Enacted in Bartlett, Tennessee
00-104 June 1, 2000 Item in Appropriations Bill
00-105 June 8, 2000 Applicability of Collection Service Licensure Requirements to Company Owned and Operated by Attorneys
00-106 June 9, 2000 Validity of Proposed Property Tax Exemption under Article XI, Section 8 of the Tennessee Constitution
00-107 June 12, 2000 Authority of the Tennessee Human Rights Commission
00-108 June 12, 2000 Jurisdiction of Gibson County General Sessions Court
00-109 June 20, 2000 Student Assignment -- Memphis City School Board's Policies and Procedures
00-110 June 20, 2000 Penalties available to school principals for violation of the Prevention of Youth Access to Tobacco Act of 1994
00-111 June 20, 2000 Attorney for Department of Correction Representing Other Clients
00-112 June 20, 2000 Duties of Juvenile Court Clerk in Obion County
00-113 June 20, 2000 Legal Representation of Community Service Agencies
00-114 June 20, 2000 Contributions to a special fund by criminal defendants
00-115 June 27, 2000 Applicability of the Uniform Trade Secrets Act to the State of Tennessee and its Employees
00-116 June 27, 2000 Tennessee Private Investigation and Polygraph Commission
00-117 July 5, 2000 Construction Manager / Conflict of Interest
00-118 July 5, 2000 Legality of Full-Time County Attorney for Cocke County
00-119 July 10, 2000 Authority of Tennessee Board of Architectural and Engineering Examiners to Adopt Policies
00-120 July 17, 2000 Judicial Commissioners' Authority to Issue Ex Parte Orders of Protection
00-121 July 17, 2000 Warrant to Search Third-Party Residence to Effect an Arrest
00-122 July 21, 2000 Authority of Water Quality Control Board to Promulgate Rules Affecting Aquatic Resource Alteration Permits
00-123 August 4, 2000 General sessions judges' compensation -- 2000 federal census
00-124 August 7, 2000 Arrest Warrants Process
00-125 August 7, 2000 Constitutionality of HB2688
00-126 August 7, 2000 Removal of Judicial Commissioner
00-127 August 9, 2000 Grandparent Visitation
00-128 August 10, 2000 Confidentiality of Juvenile Court Records Pursuant to Tenn. Code Ann. § 37-1-153(a)(5)
00-129 August 14, 2000 Ouster of Officials for Engaging in Legalized Gambling Outside of Tennessee and Compulsion of Testimony
Regarding Ouster
00-130 August 15, 2000 Effect of Amended State Lands Acquisition Fund and the 2000 Appropriations Bill on the Operation of State Parks this Fiscal Year
00-131 August 15, 2000 Diagnostic Testing Under the Chiropractic Practice Act
00-132 August 17, 2000 Employees’ Entitlement to Vacation Pay Accrued Upon Termination of Employment
00-133 August 18, 2000 Permissibility of Intrastate Long-Distance Directory Assistance Charges by Long Distance Telephone Service Resellers
00-134 August 22, 2000 Application of the Building Height Restriction in the Scenic Highway System Act
00-135 August 22, 2000 Challenge to Growth Plan Ratified by Local Governments
00-136 August 24, 2000 Liability of the State for Errors in the Issuance of Permits
00-137 August 24, 2000 Conflict of Interest: Assistant District Attorney General
00-138 August 28, 2000 School Board Member - Other County Office
00-139 September 7, 2000 Applicability of Hospital Liens Under the Criminal Injuries Compensation Act
00-140 September 7, 2000 Felony evading arrest, Tenn. Code Ann. § 39-16-603
00-141 September 8, 2000 License Revocation for Non-Compliance with a Court Order of Visitation
00-142 September 11, 2000 Memphis City School System -- School Board Members' Compensation
00-143 September 19, 2000 Telephone Cooperative By-Laws
00-144 September 19, 2000 Authorization by private property owners to tow or store vehicles
00-145 September 20, 2000 Franchise Agreement by City of Franklin
00-146 September 22, 2000 Tennessee Technology Corridor Development Authority Act
00-147 September 26, 2000 Lawful Commands of Police
00-148 September 29, 2000 Board of Zoning Appeals’ Modification of Zoning Variance
00-149 October 4, 2000 Memphis School District - Validity of 1970 Public Acts, Chapter 30
00-150 October 5, 2000 Duties of Public Housing Authority Officers
00-151 October 5, 2000 Transfer of Director of Schools
00-152 October 6, 2000 County Purchasing Law of 1957
00-153 October 9, 2000 County employee - member of county legislative body
00-154 October 10, 2000 County's Duty to Accept Waste Tires for Storage Under Tenn. Code Ann. § 68-211-866
00-155 October 13, 2000 The Required Signatures of Married Persons in Transferring Motor Vehicle Titles.
00-156 October 17, 2000 Title to real property conveyed for use as a site for a new Obion County Public Library
00-157 October 17, 2000 Appeal from Juvenile Court
00-158 October 18, 2000 Municipal Authority to Enact Child Curfew Ordinances
00-159 October 17, 2000 Lucrative Offices; Article II, Section 26
00-160 October 17, 2000 West Tennessee Examiner as "Newspaper" for Purposes of Publication of Official Notices
00-161 October 17, 2000 Ability of Local Governments to Prohibit Possession of Weapons in County Buildings
00-162 October 18, 2000 Medical expenses arising from blood test in DUI arrest, but unrelated to the arrest
00-163 October 19, 2000 Humane Society Lien on Animals Lawfully In Custody
00-164 October 19, 2000 Applicability of the Little Hatch Act to the use of public parking facilities for a political event
00-165 October 23, 2000 1998 Base Salary of Lake County General Sessions Judge
00-166 October 24, 2000 Secondary employment of law enforcement officers by private security company
00-167 October 26, 2000 Identification for Pawn Transactions on Separate Form
00-168 October 31, 2000 Local Education - Personnel, Compensation Conflict of Interest
00-169 October 31, 2000 Title to real property conveyed for use as a site for a new public library
00-170 November 2, 2000 Constitutionality of Private Act Restricting Campaign Materials in Polling Place
00-171 November 3, 2000 Allocation of drug fines pursuant to Tenn. Code Ann. §39-17-428(c)
00-172 November 8, 2000 Transportation of Persons with Mental Illness in Shelby County
00-173 November 16, 2000 TVA/Columbia Dam Project Lands
00-174 November 20, 2000 Term Limits for county commission chair
00-175 November 20, 2000 Applicability of Private Investigators Licensure Requirements to Death Penalty Mitigation Experts Under Chapter No. 812, 2000 Public Acts
00-176 November 20, 2000 Authority for Child Custody Bond
00-177 November 20, 2000 Assessment of Privilege Tax on Manufacturing or Producing and Selling Bottled Water
00-178 November 20, 2000 Parent Educational Seminar Provisions of Parenting Plans
00-179 November 20, 2000 Corporate Contributions to Elections Outside of Tennessee
00-180 November 22, 2000 Adoption of Local Option Act
00-181 November 22, 2000 Conflict of Interest -- County Financial Management System of 1981, Tenn. Code Ann. §§ 5-21-101, et seq.
00-182 December 7, 2000 Concurrent Jurisdiction Pursuant to Tenn. Code Ann. § 16-15-5004(d)
00-183 December 12, 2000 Application of Tenn. Code Ann. § 39-17-1352(e)(1) & (2) to General Sessions Courts
00-184 December 13, 2000 Zoning and Planned Growth Areas under Growth Law
00-185 December 13, 2000 Fundraising for Federal Office during Legislative Session
00-186 December 14, 2000 Legality of Reallocation of Funds Raised Pursuant to Tenn. Code Ann. §9-21-201, et al. - General Obligation Bonds
00-187 December 14, 2000 County’s Authority to Levy Local Litigation Tax for Jail or Workhouse Construction Project under Tenn. Code Ann. § 67-4-601(b)
00-188 December 14, 2000 Collection of Litigation Tax in Appeals
00-189 December 20, 2000 Regulatory Authority of the Commissioner of the Tennessee Department of Agriculture
00-190 December 20, 2000 Salary of Jackson County General Sessions Judge
00-191 December 20, 2000 Authority to request the POST Commission to suspend or revoke the certification of a police officer
00-192 December 21, 2000 Right to a Jury Trial for Class C Misdemeanant

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