Tennessee Code Annotated

Tenn. Code Ann. § 8-44-106 (2026)

Enforcement - Jurisdiction

✓ current as of May 2026

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(a) The circuit courts, chancery courts, and other courts which have equity jurisdiction, have jurisdiction to issue injunctions, impose penalties, and otherwise enforce the purposes of this part upon application of any citizen of this state.

(b) In each suit brought under this part, the court shall file written findings of fact and conclusions of law and final judgments, which shall also be recorded in the minutes of the body involved.

(c) The court shall permanently enjoin any person adjudged by it in violation of this part from further violation of this part. Each separate occurrence of such meetings not held in accordance with this part constitutes a separate violation.

(d) The final judgment or decree in each suit shall state that the court retains jurisdiction over the parties and subject matter for a period of one (1) year from date of entry, and the court shall order the defendants to report in writing semiannually to the court of their compliance with this part.

(e) If a court finds that a governing body knew that a meeting of the body was subject to the requirements of this part and willfully refused to comply, the court may, in its discretion, assess all or part of the reasonable costs incurred by the petitioners in enforcing the provisions of this part, including reasonable attorneys' fees, against the governing body. In determining whether the action of the governing body was willful, the court may consider the testimony and other guidance provided to the governing body by staff of the office of open records counsel created pursuant to § 8-4-601.

Amended by 2024 Tenn. Acts, ch. 1030,s 1, eff. 5/28/2024.

Acts 1974, ch. 442, § 6; T.C.A., § 8-4406.

Notes of Decisions

Cited in 16 cases (1 in the last 5 years), 1992–2025 · leading case: Mayhew v. Wilder, 46 S.W.3d 760 (Tenn. Ct. App. 2001).

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Mayhew v. Wilder, 46 S.W.3d 760 (Tenn. Ct. App. 2001). · cites it 16× “July 13, 1994), in which we held that Tenn. Code Ann. § 8-44-106 (a) does not dispense with the substantive standing requirements of our prior cases.”

Bob Fannon, Individually & as a City Councilman for the City of LaFollette v. City of LaFollotte, 329 S.W.3d 418 (Tenn. 2010). · cites it 13× “The Open Meetings Act provides as follows: “The circuit courts, chancery courts, and other courts which have equity jurisdiction, have jurisdiction to issue injunctions, impose penalties, and otherwise enforce the purposes of this part upon application of any citizen of this…”

Metro. Air Rsch. Testing Auth., Inc. v. Metro. Gov't of Nashville, 842 S.W.2d 611 (Tenn. Ct. App. 1992). · cites it 6× “Tenn.Code Ann. § 8-44-106(a) provides that actions to enforce the Sunshine Law may be brought by “any citizen of this state.”

Souder v. Health Partners, Inc., 997 S.W.2d 140 (Tenn. Ct. App. 1998). · cites it 4× “T.C.A. § 8-44-106 provides in pertinent part: (a) The circuit courts, chancery courts, and other courts which have equity jurisdiction, have jurisdiction to issue injunctions, impose penalties, and otherwise enforce the purposes of [the Act] upon application of any citizen of…”

Zseltvay v. Metro. Gov't of Nashville & Davidson Cnty., 986 S.W.2d 581 (Tenn. Ct. App. 1998). · cites it 5× “§ 8-44-105 states in relevant part that “[a]ny action taken at a meeting in violation of this part shall be void and of no effect_” Another section, Tenn. Code Ann. § 8-44-106 reads: (c) The court shall permanently enjoin any person adjudged by it in violation of this part from…”

Forbes v. Wilson Cnty. Emergency Dist. 911 Bd., 966 S.W.2d 417 (Tenn. 1998). · cites it 2× “..” TenmCode Ann. §§ 4-21-306 & -311. The Open Meetings Act is remedial in nature and permits courts “to issue injunctions, impose penalties, and otherwise enforce the purposes of’ the Act.”

Bob Fannon v. City of Lafollette (Tenn. Ct. App. 2010). · cites it 8× “Tenn. Code Ann. § 8-44-106 (a). The enforcement tools of Tenn.”

Curtis S. Person v. The Bd. of Commissioners of Shelby Cnty., Tennessee (Tenn. Ct. App. 2009). · cites it 6× “The enforcement tools in Tenn. Code Ann. § 8-44-106 are available and/or required only if a violation of the Act is found to have occurred.”

Dan Hampton v. Macon Cnty. Bd. of Educ. (Tenn. Ct. App. 2014). · cites it 4× “Tenn. Code Ann. § 8-44-105 . Second, Section 8-44-106 allows the court to “issue injunctions, impose penalties, and otherwise enforce the purposes of this part.”

Mayhew v. Wilder (Tenn. Ct. App. 2000). · cites it 6× “” Tenn. Code Ann. § 8-44-106 (a). “When a person is expressly authorized by statute or rule to bring a particular action, his or her right of action arises directly out of the statute, and he or she needs no title under the substantive law to authorize suit.”

George Grant v. Elaine Anderson, Clerk Of Williamson Cnty. (Tenn. Ct. App. 2018). · cites it 2× “” Unlike, for example, the Tennessee Public Meetings Act, which permits “any citizen of the state” to seek relief, Tenn. Code Ann. § 8-44-106 (a) (2016), the new statute applies to “any affected person.”

Forbes v. Wilson Co. Emergency (Tenn. Ct. App. 1996). · cites it 4× “The trial court also, in compliance with T.C.A. § 8-44-106 (b), made the following findings of fact and conclusions of law: 1.”

Show all 16 citing cases →

— Tenn. Code Ann. § 8-44-106(a) — 4 cases

Mayhew v. Wilder, 46 S.W.3d 760 (Tenn. Ct. App. 2001). “July 13, 1994), in which we held that Tenn. Code Ann. § 8-44-106 (a) does not dispense with the substantive standing requirements of our prior cases.”

Bob Fannon, Individually & as a City Councilman for the City of LaFollette v. City of LaFollotte, 329 S.W.3d 418 (Tenn. 2010). “The Open Meetings Act provides as follows: “The circuit courts, chancery courts, and other courts which have equity jurisdiction, have jurisdiction to issue injunctions, impose penalties, and otherwise enforce the purposes of this part upon application of any citizen of this…”

Metro. Air Rsch. Testing Auth., Inc. v. Metro. Gov't of Nashville, 842 S.W.2d 611 (Tenn. Ct. App. 1992). “Tenn.Code Ann. § 8-44-106(a) provides that actions to enforce the Sunshine Law may be brought by “any citizen of this state.”

Forbes v. Wilson Cnty. Emergency Dist. 911 Bd., 966 S.W.2d 417 (Tenn. 1998). “..” TenmCode Ann. §§ 4-21-306 & -311. The Open Meetings Act is remedial in nature and permits courts “to issue injunctions, impose penalties, and otherwise enforce the purposes of’ the Act.”

— Tenn. Code Ann. § 8-44-106(d) — 1 case

— Tenn. Code Ann. § 8-44-106(e) — 2 cases

Souder v. Health Partners, Inc., 997 S.W.2d 140 (Tenn. Ct. App. 1998). “T.C.A. § 8-44-106 provides in pertinent part: (a) The circuit courts, chancery courts, and other courts which have equity jurisdiction, have jurisdiction to issue injunctions, impose penalties, and otherwise enforce the purposes of [the Act] upon application of any citizen of…”

Zseltvay v. Metro. Gov't of Nashville & Davidson Cnty., 986 S.W.2d 581 (Tenn. Ct. App. 1998). “§ 8-44-105 states in relevant part that “[a]ny action taken at a meeting in violation of this part shall be void and of no effect_” Another section, Tenn. Code Ann. § 8-44-106 reads: (c) The court shall permanently enjoin any person adjudged by it in violation of this part from…”

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