Board has acted violation (Tennessee) · Go Syfert
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Board has acted violation in Tennessee

12 Tennessee opinions name it 2 courts 1980–2024 1 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Watts v. Civil Service Board for Columbiagreen
tenn · 1980 · cited in 6 Tennessee opinions naming this issue, 1984–2024
2 sentences

2024As succinctly stated in Watts v. Civil Service Bd. for Columbia, 606 S.W.2d 274 (Tenn. 1980), cert. denied, 450 U.S. 983 (1981): ln the trial court, under the common law writ, reversal or modification of the action of the Civil Service Board may be had only when the trial court finds that the Board has acted in violation of constitutional or statutory provisions or in excess of its own statutory authority; has followed unlawful procedure or been guilty of arbitrary or capricious action; or has acted without material evidence to support its decision.

2002Judicial review of the decision of a lower board or tribunal under the common law writ of certiorari “may be had only when the trial court finds that the Board has acted in violation of constitutional -4- or statutory provisions or in excess of its own statutory authority; has followed unlawful procedure or been guilty of arbitrary or capricious action; or has acted without material evidence to support its decision.” Watts. v. Civil Service Bd., 606 S.W.2d 274, 277 (Tenn. 1980).

46
David Gross v. Sheriff A.C. Gillessgreen
tennctapp · 1999 · cited in 2 Tennessee opinions naming this issue, 2005–2009
2 sentences

2009Bd. for Columbia, 606 S.W.2d 274, 277 (Tenn.1980); Gross v. Gilless, 26 S.W.3d 488, 492 (Tenn.Ct.App.1999).

2005Bd. for Columbia, 606 S.W.2d 274, 277 (Tenn.1980); Gross v. Gilless, 26 S.W.3d 488, 492 (Tenn.Ct.App.1999).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Peoples Bank of Van Leer v. Bryan green
tennctapp · 1965
2 sentences

2014Hoover Motor Express Co., Inc. v. Railroad & Public Utilities Commission, 195 Tenn. 593 , 261 S.W.2d 233 (1953)[;] People’s Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401 (1965)]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 [(1971)]; Brown v. Tenn. Real Estate Comm., Tenn.App.1972, 494 S.W.2d 506 [(1972)], cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 [ (1973) ].” In the trial court, under the common law writ, reversal or modification of the action of the [ ] Board may be had only when the trial court finds that the Board has acted in violati

2012People's Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 ; Brown v. Tenn. Real Estate Comm., Tenn.App. 1972, 494 S.W.2d 506 , cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 .” In the trial court, under the common law writ, reversal or modification of the action of the Civil Service Board may be had only when the trial court finds that the Board has acted in violation of constitutional or statutory provisions or in excess of its own statutory authority; has followed unlawful procedure or been guilty

61980–2014
Brown v. Tennessee Real Estate Commission green
tennctapp · 1972
2 sentences

2014Hoover Motor Express Co., Inc. v. Railroad & Public Utilities Commission, 195 Tenn. 593 , 261 S.W.2d 233 (1953)[;] People’s Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401 (1965)]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 [(1971)]; Brown v. Tenn. Real Estate Comm., Tenn.App.1972, 494 S.W.2d 506 [(1972)], cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 [ (1973) ].” In the trial court, under the common law writ, reversal or modification of the action of the [ ] Board may be had only when the trial court finds that the Board has acted in violati

2012People's Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 ; Brown v. Tenn. Real Estate Comm., Tenn.App. 1972, 494 S.W.2d 506 , cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 .” In the trial court, under the common law writ, reversal or modification of the action of the Civil Service Board may be had only when the trial court finds that the Board has acted in violation of constitutional or statutory provisions or in excess of its own statutory authority; has followed unlawful procedure or been guilty

61980–2014
Bayside Warehouse Co. v. City of Memphis green
tennctapp · 1971
2 sentences

2014Hoover Motor Express Co., Inc. v. Railroad & Public Utilities Commission, 195 Tenn. 593 , 261 S.W.2d 233 (1953)[;] People’s Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401 (1965)]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 [(1971)]; Brown v. Tenn. Real Estate Comm., Tenn.App.1972, 494 S.W.2d 506 [(1972)], cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 [ (1973) ].” In the trial court, under the common law writ, reversal or modification of the action of the [ ] Board may be had only when the trial court finds that the Board has acted in violati

2014Hoover Motor Express Co., Inc. v. Railroad & Public Utilities Commission, 195 Tenn. 593 , 261 S.W.2d 233 (1953)[;] People’s Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401 (1965)]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 [(1971)]; Brown v. Tenn. Real Estate Comm., Tenn.App.1972, 494 S.W.2d 506 [(1972)], cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 [ (1973) ].” In the trial court, under the common law writ, reversal or modification of the action of the [ ] Board may be had only when the trial court finds that the Board has acted in violati

61980–2014
Coca-Cola Co. v. Federal Trade Commission green
scotus · 1973
2 sentences

2014Hoover Motor Express Co., Inc. v. Railroad & Public Utilities Commission, 195 Tenn. 593 , 261 S.W.2d 233 (1953)[;] People’s Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401 (1965)]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 [(1971)]; Brown v. Tenn. Real Estate Comm., Tenn.App.1972, 494 S.W.2d 506 [(1972)], cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 [ (1973) ].” In the trial court, under the common law writ, reversal or modification of the action of the [ ] Board may be had only when the trial court finds that the Board has acted in violati

2012People's Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 ; Brown v. Tenn. Real Estate Comm., Tenn.App. 1972, 494 S.W.2d 506 , cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 .” In the trial court, under the common law writ, reversal or modification of the action of the Civil Service Board may be had only when the trial court finds that the Board has acted in violation of constitutional or statutory provisions or in excess of its own statutory authority; has followed unlawful procedure or been guilty

61980–2014
Olenz v. Marovitz green
scotus · 1973
2 sentences

2014Hoover Motor Express Co., Inc. v. Railroad & Public Utilities Commission, 195 Tenn. 593 , 261 S.W.2d 233 (1953)[;] People’s Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401 (1965)]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 [(1971)]; Brown v. Tenn. Real Estate Comm., Tenn.App.1972, 494 S.W.2d 506 [(1972)], cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 [ (1973) ].” In the trial court, under the common law writ, reversal or modification of the action of the [ ] Board may be had only when the trial court finds that the Board has acted in violati

2012People's Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 ; Brown v. Tenn. Real Estate Comm., Tenn.App. 1972, 494 S.W.2d 506 , cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 .” In the trial court, under the common law writ, reversal or modification of the action of the Civil Service Board may be had only when the trial court finds that the Board has acted in violation of constitutional or statutory provisions or in excess of its own statutory authority; has followed unlawful procedure or been guilty

61980–2014
Fitzgerald v. J. I. Case Threshing MacHine Co. green
sc · 1913
2 sentences

2014Hoover Motor Express Co., Inc. v. Railroad & Public Utilities Commission, 195 Tenn. 593 , 261 S.W.2d 233 (1953)[;] People’s Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401 (1965)]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 [(1971)]; Brown v. Tenn. Real Estate Comm., Tenn.App.1972, 494 S.W.2d 506 [(1972)], cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 [ (1973) ].” In the trial court, under the common law writ, reversal or modification of the action of the [ ] Board may be had only when the trial court finds that the Board has acted in violati

2012People's Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 ; Brown v. Tenn. Real Estate Comm., Tenn.App. 1972, 494 S.W.2d 506 , cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 .” In the trial court, under the common law writ, reversal or modification of the action of the Civil Service Board may be had only when the trial court finds that the Board has acted in violation of constitutional or statutory provisions or in excess of its own statutory authority; has followed unlawful procedure or been guilty

61980–2014
General Portland Cement Co. v. United States green
scotus · 1981
1 sentence

2024As succinctly stated in Watts v. Civil Service Bd. for Columbia, 606 S.W.2d 274 (Tenn. 1980), cert. denied, 450 U.S. 983 (1981): ln the trial court, under the common law writ, reversal or modification of the action of the Civil Service Board may be had only when the trial court finds that the Board has acted in violation of constitutional or statutory provisions or in excess of its own statutory authority; has followed unlawful procedure or been guilty of arbitrary or capricious action; or has acted without material evidence to support its decision.

12024–2024
Hoover Motor Exp. Co. v. Railroad & Public Utilities Commission green
tenn · 1953
2 sentences

2014Hoover Motor Express Co., Inc. v. Railroad & Public Utilities Commission, 195 Tenn. 593 , 261 S.W.2d 233 (1953)[;] People’s Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401 (1965)]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 [(1971)]; Brown v. Tenn. Real Estate Comm., Tenn.App.1972, 494 S.W.2d 506 [(1972)], cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 [ (1973) ].” In the trial court, under the common law writ, reversal or modification of the action of the [ ] Board may be had only when the trial court finds that the Board has acted in violati

2014Hoover Motor Express Co., Inc. v. Railroad & Public Utilities Commission, 195 Tenn. 593 , 261 S.W.2d 233 (1953)[;] People’s Bank of Van Leer v. Bryan, 55 Tenn.App. 166 , 397 S.W.2d 400 [401 (1965)]; Bayside Warehouse Co. v. Memphis, 63 Tenn.App. 268 , 470 S.W.2d 375 [(1971)]; Brown v. Tenn. Real Estate Comm., Tenn.App.1972, 494 S.W.2d 506 [(1972)], cert. den. 414 U.S. 877 , 94 S.Ct. 54 , 38 L.Ed.2d 122 [ (1973) ].” In the trial court, under the common law writ, reversal or modification of the action of the [ ] Board may be had only when the trial court finds that the Board has acted in violati

12014–2014

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 27-9-101 (3) TN § Tenn. Code Ann. § 27-9-114 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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