The Metropolitan Government of Nashville And Davidson County v. Owners of Property With Delinquent Demolition Liens Filed With The Register of Deed's Office In Davidson County, Tennessee, et al - Dissenting

Case Number
M2015-00318-COA-R3-CV

Because I conclude that Tennessee Code Annotated § 13-21-103(6) (2011) does not permit assessments of costs or actions for costs against a mortgagee, I respectfully dissent from the reversal. Relying on the definition of the word “owner” found in the Slum Clearance and Redevelopment Act (the “Act”), see Tenn. Code Ann. § 13-21-101(4) (2011), the majority concludes that a mortgagee may be assessed the cost of removal or demolition of a structure unfit for human occupation or use. As required when called on to construe a statute, the majority begins by looking to the words of the Act. See Waldschmidt v. Reassure Am. Life Ins. Co., 271 S.W.3d 173, 176 (Tenn. 2008). In my view, however, the majority then fails “to construe the[] words in the context in which they appear in the statute and in light of the statute’s general purpose.” Lee Med., Inc. v. Beecher, 312 S.W.3d 515, 526 (Tenn. 2010).

Authoring Judge
W. Neal McBrayer
Originating Judge
Chancellor Carol L. McCoy
Case Name
The Metropolitan Government of Nashville And Davidson County v. Owners of Property With Delinquent Demolition Liens Filed With The Register of Deed's Office In Davidson County, Tennessee, et al - Dissenting
Date Filed
Dissent or Concur
No
Download PDF Version