APPELLATE COURT OPINIONS

Plaintiff Willie Jean Cherry Johnson (Wife) appeals the trial court's judgment denying her petition to modify a final divorce decree previously entered by the court in December 1996. We affirm the trial court's judgment based upon our conclusion that the disposition of this case is controlled by this court's decision in Gilliland v. Stanley, No 0WL180587 (Tenn . App . Apr .16 , 1997)  ( no perm. app. filed ) .

A Tennessee prison inmate filed a Petition for a Declaratory Judgment, insisting that he was entitled to be immediately released because of the earlier expiration of a concurrent Florida sentence. The trial court dismissed the petition for failure to state a claim. We affirm.

Alfred Lee Mauldin appeals from the order of the chancery court dismissing his petition for writ of habeas corpus on the basis that the trial court lacked subject matter jurisdiction.

This appeal involves jurisdiction under the long-arm statute. Defendant/appellant, John W. Scherer, Jr. (Scherer), appeals the order of the trial court awarding plaintiff/appellee, United Agricultural Services, Inc. (Ag Services), damages for breach of contract.

In this action alleging breach of contract, the Trial Judge granted the plaintiff summary judgment for damages for breach of contract in the amount of $12,180.24. Defendant has appealed.

This is an action to enforce an arbitration award. Plaintiff/appellant, D & E Construction Company (D&E), appeals the order of the Chancery Court vacating an arbitration award rendered against defendant/appellee, Robert J. Denley Company (Denley).

The petition in this case seeks judicial review of real property valuations established by a final order of the Tennessee Assessment Appeals Commission (“AAC”), a body created by the State Board of Equalization to hear “appeals regarding the assessment, classification and value of property for purposes of taxation.” T.C.A.§ 67-5-1502(a). The AAC’s order in the instant case fixed, for ad valorem tax purposes, the separate values of 15 parcels of Wayne County woodland owned by the petitioner, Willamette Industries, Inc. (“Willamette”). Upon review of the AAC’s order, the trial court held, among other things, that the appraisal methodology utilized by the AAC was not per se contrary to Tennessee law, and that the record contained substantial and material evidence to support the AAC’s valuations based upon that methodology. Accordingly, it affirmed the AAC’s order. Willamette appeals, raising the following issues for our consideration:

Plaintiffs Kevin and Patricia Sanders appeal the trial court’s judgment which dismissed their complaint against Defendants/Appellees Lincoln County and Steve Graham, Chairman of the Lincoln County Commission, based upon the court’s rulings that the complaint failed to state an equal protection claim against the Defendants and, alternatively, that the Sanders’ equal protection claim was barred by principles of res judicata.1 We conclude that both of these rulings were in error and, thus, we reverse the trial court’s judgment and remand this cause for further proceedings consistent with this opinion.

The Wilson County Board of Zoning Appeals (“the BZA”) denied the petition of Wilson County Youth Emergency Shelter, Inc. (“the Shelter”) for a use on review to construct a group home on 5.46 acres of property in Wilson County. The Shelter proposes to move its existing facility in the county to the new location. On petition for certiorari, the trial court affirmed the action of the BZA. The Shelter appeals, arguing that the BZA’s decision was illegal, arbitrary, and beyond its jurisdiction. By way of a separate issue, the Shelter argues that there is no material evidence to support the BZA’s denial of its petition.

The plaintiffs, a mother and her son owning adjoining farms on a rural road in Maury County, sued the county for a nuisance created when the county improved the road. The county argued that the exclusive remedy was for inverse condemnation, and that the one year statute of limitations barred the action. On appeal the county asserts, in addition to its original defense, that the damages awarded were beyond the range of reasonableness. We reverse the judgment below and remand for a new trial.

This is an appeal by plaintiffs/appellants, Michael and Caroline Newcomb and Darden and Ann Davis, from the decision of the Davidson County Chancery Court granting the motion for summary judgment filed by defendants/appellees William and Lois Gonser. The facts out of which this matter arose are as follows

Two of the beneficiaries of a will sued the witnesses and a notary public because the will was not properly executed. The plaintiffs also sued a bank, the witnesses’ employer, for not training its employees on how to properly witness wills.  The Chancery Court of Sumner County granted the defendants summary judgment.  We affirm.

Defendant Terry Muncey appeals, and Plaintiff Tim Taylor cross-appeals, the trial court’s judgment awarding Muncey $1000 in damages on his counterclaim for wrongful injunction against Taylor. We reverse the trial court’s judgment based upon our conclusion that Muncey failed to meet his burden of proving the elements of his claim for wrongful injunction.

The Chancellor granted summary judgment to the defendant on the plaintiff’s fraud claim. Because we believe the plaintiff has alleged sufficient facts to make out a claim of fraud, and the defendant has been unable to negate those allegations, we find the fraud claim inappropriate for summary judgment, and we reverse. We also find that the plaintiff has not waived his contract claim, and we remand this case to the trial court for the resolution of both claims.

This is an action by a homeowner against a remodeling contractor and a painter for the failure of the paint inside the house. The Chancery Court of Davidson County dismissed the homeowner’s claims. We affirm.