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Tennessee Municipal Law Questions & Answers
1 Answer | Asked in Business Law, Civil Rights, Municipal Law and Employment Law for Tennessee on
Q: Can an employer put up camera surveillance in the workplace without disclosing their locations? I love in Tennessee

I understand and agree to camera surveillance in the workplace for security. But my employer wants to use it to “keep an eye on productivity”. She claims she’s not going to tell us where said cameras are, but I feel like this may be a violation of employee privacy. Especially if we need to... View More

James L. Arrasmith
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answered on Feb 4, 2024

In Tennessee, employers generally have the right to install cameras in the workplace for purposes such as security and monitoring productivity, provided the surveillance does not occur in areas where employees have a reasonable expectation of privacy, such as bathrooms or locker rooms. However, the... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for Tennessee on
Q: Does the county circuit court clerk’s office have an obligation to redact private info, i.e. SS#?

An attorney requested records from the circuit court clerk’s office in Jefferson County, TN regarding a 13 year old case involving a petition for an order of protection and subsequent granting of a restraining order by a judge. I was the petitioner. The records released to this attorney contained... View More

James L. Arrasmith
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answered on Dec 17, 2023

In Tennessee, there are laws and regulations that govern the handling of sensitive personal information in public records, including those held by the circuit court clerk's office. Generally, these offices are expected to redact confidential information like social security and driver's... View More

2 Answers | Asked in Small Claims, Gov & Administrative Law and Municipal Law for Tennessee on
Q: If ash and dust continue to cover my vehicles an I responsible to pay to have them cleaned?

They are clearing out and blasting behind my house. They are burning trees and the ash is covering my vehicles.

T. Augustus Claus
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answered on Oct 11, 2023

In Tennessee, property owners or companies causing nuisances to neighboring properties may be liable for damages. If ash from their activities is covering your vehicles, they could be held responsible for cleanup costs. Document the damage, keep records of any cleanup costs, and communicate your... View More

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1 Answer | Asked in Municipal Law and Constitutional Law for Tennessee on
Q: Is there a constitutional right violation in township committee zoning laws prohibiting living in an RV on your own prop
T. Augustus Claus
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answered on Aug 16, 2023

The constitutionality of zoning laws that prohibit living in an RV on your own property can depend on various factors. Constitutional rights such as property rights, due process, and privacy might be relevant in this context. Courts often consider local government interests in maintaining... View More

2 Answers | Asked in DUI / DWI, Municipal Law and Civil Rights for Tennessee on
Q: Is a person allowed to have the vehicle picked up by owner if gets dui in tn.

My son got a dui in my truck. He asked if I could pick it up. It was walking distance for me. It was denied. It cost me 250 to get out. Just to towe a few miles. What are the laws

Brandon D. Fersten
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Brandon D. Fersten
answered on Mar 27, 2023

Yes, the Tennessee Supreme Court has actually held that a police officer must provide an individual the opportunity to make their own arrangements for their vehicle rather than inventory search the vehicle and tow it in a case called Drinkard. However, this issue only becomes relevant as far as any... View More

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1 Answer | Asked in Traffic Tickets and Municipal Law for Tennessee on
Q: Improper passing of a stopped school bus and told it was a Class C by the officer. Do I have to be booked for this?

I was driving in a 5 lane road and the bus was stopped on the oncoming traffic side 4 lanes over. I was looking in my mirror at a guy on my tail. I looked back down to see the bus and hit my brakes. The guy behind me came even closer so I let off and eased forward past the bus with the guy behind... View More

Anthony M. Avery
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answered on Oct 20, 2022

It is up to the LEO whether to arrest you or summon you to Court. Here a Citation was issued, but he is requiring you to be booked. You must show up for the process or an Arrest Warrant for a Class A Misdemeanor will probably be issued.

1 Answer | Asked in Products Liability and Municipal Law for Tennessee on
Q: My disabled daughter was caught shoplifting in Walmart in Tennessee. It was 350.00. what do we need to do before court .
Anthony M. Avery
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answered on Dec 11, 2023

Hire an attorney to get it diverted, dismissed and expunged. Restitution and costs will probably be required.

1 Answer | Asked in Municipal Law for Tennessee on
Q: Does a municipal code enforcement lien priority over a mortgage foreclosure on earlier recorded mortgages in Tennessee?

What is the applicable TCA statute?

Anthony M. Avery
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answered on May 8, 2023

No, but any lien execution is subject to the priority deed of trust. The notemaker and owner still loses possession while still owing the debt. Foreclosure of the senior lien destroys the secondary liens unless there is a surplus.

1 Answer | Asked in Traffic Tickets and Municipal Law for Tennessee on
Q: Will the case get thrown out for having wrong info ID on one citation and the other citation with the right one?
Anthony M. Avery
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answered on Oct 25, 2021

No. General Sessions is not a Court of Record such that amendments can be made orally by the DA, and the Judge annotates the Citation. You can tactfully inform the DA of the mistakes while asking for some type of Diversion or Dismissal.

1 Answer | Asked in Real Estate Law, Tax Law, Civil Litigation and Municipal Law for Tennessee on
Q: I've notified the property accessors office a year ago that the Mobile Home on my Dad's old land has been destroyed

But they continue to add a $29,000 manufactured home to my property taxes each year. What else can I do?

Anthony M. Avery
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answered on Oct 26, 2020

Each County has a period where Tax Appraisals can be contested. Contact the Tax Assessor in that County and find out what the process is and when. You too late for 2020 but you can file the written contested appraisal application now.

1 Answer | Asked in Criminal Law and Municipal Law for Tennessee on
Q: Is it illegal to use a straw to ingest medicine if it's your prescription. Would that still be illegal drug paraphernal

I got charged with drug paraphernalia even though I used it to ingest my own prescription ( a cut straw)

Cayley Turrin
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Cayley Turrin
answered on Aug 17, 2020

Even though that is a very unique way to take your prescribed medicine it would be very hard to prove that the substance you were ingesting is a prescribed medicine. Long story short I would suggest not doing this.

1 Answer | Asked in Criminal Law and Municipal Law for Tennessee on
Q: are detectives jurisdiction allowed to question others in another county
Shanone Emmack
Shanone Emmack
answered on Apr 24, 2020

A detective can travel outside his jurisdiction to interview a witness or suspect relevant to his case.

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Municipal Law for Tennessee on
Q: Do local or county law officials handle the noncompliant parties regarding tn code or is it strictly a civil matter

Tow company recieved fraudulent facts from property owner, did not comply with owner notifications rules nor rules set forth regarding sale

Anthony M. Avery
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answered on Oct 18, 2019

It is doubtful you will obtain a criminal prosecution of anyone involved, although you can try as the victim. But normally your remedy is pretty much limited to suing the Towing Co. for Conversion. You may be able to do this yourself in General Sessions Court or you might hire an attorney.... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Tennessee on
Q: Can police have un-marked cars with regular plates not state or municipal plates on them.

I was referring to what are Dept. vehicles with no obvious markings and regular plates.

Anthony M. Avery
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answered on Sep 12, 2019

Absolutely. Many Law Enforcement Officers drive their own vehicles all the time, and still conduct stops and enforce laws. They may show a badge or activate their lights, or just follow you until you stop.

1 Answer | Asked in Business Law and Municipal Law for Tennessee on
Q: We want to sell beer in our family's corner store. Back in 2000 my father tried to get a permit to sell beer and a local

Church objected, so his permit was denied. Are we still at risk of that happening today if we reapply? The church is not adjacent to the store and is not touching the property line. It's roughly a quarter mile away.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jun 17, 2019

Probably- most cities have local ordinances which specify that any business selling alcohol have to be located various distances from churches or schools. ( The distance can vary- depending on whether the sale is for consumption on the premises or for "take out" - it can also vary for... View More

2 Answers | Asked in Criminal Law and Municipal Law for Tennessee on
Q: If u do not show up for the court date for the state to make u a HMO driver and u get pulled over driving

Only had one driving offince after my first dui

Cayley Turrin
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Cayley Turrin
answered on Mar 5, 2019

Failing to show up to any court appearance is not good.

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