APPELLATE COURT OPINIONS

Jeff Stanley, Individually, and D/B/A Wahoo's, appeals a judgment of the Circuit Court for Polk County which mandatorily enjoined him to remove a cabin he ws constructing and a concrete pad from an easement for a waterline which the Trial Judge found was owned by Cherokee HIlls Utility District and was an encumbrance on property conveyed to Mr. Stanley.

The plaintiff and the defendant entered into a “Contract Services Agreement” in 1994 which provided, as pertinent to this case, that either party might terminate it at any time by giving 30 days notice to the other. On May 19, 1995, the defendant informed the plaintiff by letter that “ . . . we are discontinuing our relationship with you for Physical Therapy services, effective May 19, 1995. Normal procedure warrants a 30 day notice, however, in light of numerous complaints regarding your services, we feel it is necessary to cease services immediately.” This suit was filed in the General Sessions Court to recover compensation for 30 days. The plaintiff insists that because he was entitled to 30 days notice of termination of the contract, he is entitled to recover compensation during this period in accordance with his earnings history.

This litigation concerns dissolution of a marriage 24 years in duration. The appellant, Lawrence Edward Norton, Sr. (“Husband”), has appealed from the final decree of divorce, challenging the correctness of the trial court’s decision to award the appellee, Brenda Kay Norton (“Wife”), one-half of his railroad retirement benefits, rehabilitative alimony and attorney’s fees. For reasons expressed below, we affirm and remand.

This consolidated appeal of three separate proceedings involves the efforts of BellSouth Telecommunications, Inc. to take advantage of the 1995 legislation easing the traditional regulatory burdens on telecommunications service providers. After making significant adjustments in BellSouth’s reported operating results, the Tennessee Public Service Commission determined that BellSouth’s current earned rate of return exceeded its authorized rate of return and that BellSouth was receiving $56.285 million in excess revenues. The Commission directed BellSouth to reduce its rates by $56.285 million and set the initial rates in the company’s price regulation plan accordingly. On this appeal, BellSouth and another intervening party take issue with the procedures employed by the Commission to consider and act upon BellSouth’s application for a price regulation plan. We have determined that these proceedings were not preempted by the federal Telecommunications Act of 1996. We have also determined that the General Assembly did not give the Commission authority to adjust BellSouth’s reported operating results and that the Commission should have convened a contested case hearing when BellSouth took issue with the Commission’s decision to adjust its reported operating results. Accordingly, we vacate the Commission’s January 23, 1996 order and all earlier related orders.