State ex rel. Tanya Aina-Labinjo v. Metropolitan Nashville Board of Public Education, et al

Case Number
M2012-01176-COA-R3-CV

Metropolitan Nashville Board of Education appeals the issuance of a writ of mandamus compelling it to hear an appeal of the termination of a non-teaching employee. The Board contends that the chancery court lacked jurisdiction to issue the writ and that state law preempts the right to a hearing granted to employees of the Board under the Metropolitan Charter. We affirm the holding that the chancery court has jurisdiction under Tenn. Code Ann. §§ 16-11-102(a) and 29-25-101 to issue the writ; we vacate the judgment issuing the writ and remand the case for an evidentiary hearing as to whether the Board has developed a policy with respect to the dismissal of employees as required by Tenn. Code Ann. § 49-2301(b)(1)(FF) and whether such policy preempts the pertinent provisions of the Metropolitan Charter.

Authoring Judge
Judge Richard H. Dinkins
Originating Judge
Chancellor Ellen H. Lyle
Case Name
State ex rel. Tanya Aina-Labinjo v. Metropolitan Nashville Board of Public Education, et al
Date Filed
Dissent or Concur
No
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