Tennessee Waste Movers, Inc. v. Loudon County, et. al.

Case Number
E2002-02490-SC-R11-CV

We granted review in this case to determine the proper standard of review required by Tennessee Code Annotated section 68-211-704(c) (1996). We hold that the de novo review required by Tennessee Code Annotated section 68-211-704(c) requires the trial court to conduct an independent evaluation of all of the evidence before it. We overrule Tucker v. Humphreys County, 944 S.W.2d 613 (Tenn. Ct. App. 1996), upon which the Court of Appeals relied, and reverse the judgment of the Court of Appeals. We remand this case to the chancery court for a review of the county commission's findings using the proper de novo standard as required by Tennessee Code Annotated section 68-211-704(c) and this decision.

Authoring Judge
Justice Janice M. Holder
Originating Judge
Chancellor Frank V. Williams, III
Case Name
Tennessee Waste Movers, Inc. v. Loudon County, et. al.
Date Filed
Dissent or Concur
No
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