2008 Opinions

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• Opinion No. 08-01, Compensation of Gibson County Utility District Commissioners, January 7, 2008
• Opinion No. 08-02, City Commissioner Serving as City Police Officer, January 11, 2008
• Opinion No. 08-03, Authority of Development District Board, January 11, 2008
• Opinion No. 08-04, Effect of 2006 Tenn. Pub. Acts Ch. 951 on Foreclosures, January 14, 2008
• Opinion No. 08-05, Revenue Agent’s Use of Observations Made Outside the State to Establish Probable Cause for Subsequent Warrantless Search of an Automobile in Tennessee, January 16, 2008
• Opinion No. 08-06, Statutory Reporting Obligations of Entities Leasing Property from Industrial Development Boards, January 15, 2008
• Opinion No. 08-07, Payment of Just Compensation for Structures Situated on Land Taken by Eminent Domain, January 16, 2008
• Opinion No. 08-08, Charter County Authority over Juvenile Court, January 17, 2008
• Opinion No. 08-09, Sale of Beer on Golf Courses and at Outdoor Events, January 18, 2008
• Opinion No. 08-10, Appointing Substitute Senator, January 23, 2008
• Opinion No. 08-11, Prohibited Activities of Legislator, January 25, 2008
• Opinion No. 08-12, Judicial Commissioners Conducting Preliminary Hearings under Tenn. Code Ann. § 40-1-111, January 28, 2008
• Opinion No. 08-13, Liquor by the Drink Referendum, January 28, 2008
• Opinion No. 08-14, Senate Joint Resolution 127, January 29, 2008
• Opinion No. 08-15, Conflict of Interest: Health Care Network Arrangement, January 30, 2008
• Opinion No. 08-16, Local Government Contracts With “Pure” Construction Managers, January 31, 2008
• Opinion No. 08-17, Convicted Felon in Possession of Black Powder Weapon / Officer in Possession of Firearm in Judicial Proceeding, January 31, 2008
• Opinion No. 08-18, Requiring Realtors and Landlords to Ascertain Immigrant Status, February 1, 2008
• Opinion No. 08-19, The Right to Keep and Bear Arms under Article I, Section 26 of the Tennessee Constitution, February 6, 2008
• Opinion No. 08-20, Distribution of Fees Collected for Victims of Crimes, February 6, 2008
• Opinion No. 08-21, Civil Penalties for Personal Use of Campaign Funds, February 7, 2008
• Opinion No. 08-22, Responses Related to Substance Abuse and Mental Illness on Hand Gun Carry Permit Application, February 7, 2008
• Opinion No. 08-23, Applicability of Certain Statutes to the City of Tullahoma, February 8, 2008
• Opinion No. 08-24, Home Rule Charter Amendments, February 13, 2008
• Opinion No. 08-25, Validity of International Driver Licenses, February 13, 2008
• Opinion No. 08-26, Carrying of Firearms on Public Parks, Playgrounds, Civic Centers and Other Public Recreational Buildings and Grounds, February 14, 2008
• Opinion No. 08-27, Compulsory School Attendance and Truancy Statutes, February 15, 2008
• Opinion No. 08-28, Drug Task Force Appropriations To Participating Law Enforcement Agencies, February 15, 2008
• Opinion No. 08-29, Private attorneys selected to be Special Substitute General Sessions Judges under Tenn. Code Ann. § 16-15-209, February 15, 2008
• Opinion No. 08-30, Sheriff’s Dispatcher Funded by Emergency Communications District Serving as District Director, February 19, 2008
• Opinion No. 08-31, Notice to Bureau of TennCare re: Medicaid/Medicare Benefits Due to Separation Asset Division, February 20, 2008
• Opinion No. 08-32, Charter Schools – Sunset Date, February 21, 2008
• Opinion No. 08-33, Biological specimens for DNA analysis, February 22, 2008
• Opinion No. 08-34, Opinion ─ TELS ─ Eligibility Exception, February 22, 2008
• Opinion No. 08-35, Effect of Statute Requiring Maintenance of Sanitary Sewer Connections, February 22, 2008
• Opinion No. 08-36, Constitutionality of the eligibility criteria for the Tennessee Hope Scholarship under Tenn. Code Ann. § 49-4-926, February 26, 2008
• Opinion No. 08-37, Public Employees First Amendment Rights, February 26, 2008
• Opinion No. 08-38, Constitutionality of HB3043: Constitutionality of video testimony from child victims, February 28, 2008
• Opinion No. 08-39, Prosecutorial discretion as to plea-bargaining in DUI cases, February 29, 2008
• Opinion No. 08-40, Constitutionality of Partial Birth Abortion Statute and Parental Consent Law, February 29, 2008
• Opinion No. 08-41, Requirement that applicants seeking commission as a Notary Public be lawful permanent residents, February 29, 2008
• Opinion No. 08-42, On the constitutionality of confinement as a condition of pre-trial and judicial diversion, March 4, 2008
• Opinion No. 08-43, Effect of statutes of limitation and/or estoppel on the enforcement of incomplete sentences, March 4, 2008
• Opinion No. 08-44, Utility Construction within Corporate Limits of Another City, March 4, 2008
• Opinion No. 08-45, State Nursing Practice Act, March 7, 2008
• Opinion No. 08-46, Constitutionality of Senate Bill 2849, which would permit employers to require that English be spoken by employees while working, March 7, 2008
• Opinion No. 08-47, Attorney Fees, March 10, 2008
• Opinion No. 08-48, General Election Date, March 10, 2008
• Opinion No. 08-49, Propriety of bonding company acting as surety requiring defendant to deposit full amount of bond, March 11, 2008
• Opinion No. 08-50, Annexation under Tenn. Code Ann. § 6-58-111(d)(2) (2005) after agreement not to annex, March 11, 2008
• Opinion No. 08-51, Validity of Pending Legislation Affecting Surface Coal Mining Operations, March 11, 2008
• Opinion No. 08-52, Confidentiality of Information Related to the City of Murfreesboro’s Drug and Alcohol Testing Obtained Under the Drug-Free Workplace Programs Statutes, March 11, 2008
• Opinion No. 08-53, Constitutionality of Regulation of Ticket Resales, March 13, 2008
• Opinion No. 08-54, Bail for Illegal Aliens, March 14, 2008
• Opinion No. 08-55, Memphis School Funding — Reduction of Local School Funding by County Commission, March 17, 2008
• Opinion No. 08-56, Fines Under Tenn. Code Ann. § 53-11-402, March 17, 2008
• Opinion No. 08-57, Repealing Exclusions from Uniform Residential Landlord and Tenant Act, March 18, 2008
• Opinion No. 08-58, Grants to Church-Controlled Youth Groups, March 18, 2008
• Opinion No. 08-59, Legality of Future Rebate Contingent Upon The Winner of The NCAA Basketball Tournament, March 19, 2008
• Opinion No. 08-60, Application of the “Under Color of Office” Doctrine Regarding a Revenue Agent’s Collection of Evidence Out of State, March 19, 2008
• Opinion No. 08-61, Statutory Authority of the Tennessee Student Assistance Corporation (“TSAC”) to Promulgate Rules for the Tennessee HOPE Scholarship Program, March 19, 2008
• Opinion No. 08-62, Tenn. Code Ann. § 36-6-110, Parental Bill of Rights, March 19, 2008
• Opinion No. 08-63, Legislator Nominated As Candidate For Sheriff, March 19, 2008
• Opinion No. 08-64, Application of Public Records Act to Municipal Airport Authority, March 24, 2008
• Opinion No. 08-65, Definition of “Shelter” as it Relates to Animal Cruelty, March 24, 2008
• Opinion No. 08-66, Superior Parental Rights in Dependency and Neglect Proceedings, March 25, 2008
• Opinion No. 08-67, Validity of Amendment to Pending Legislation Affecting Surface Coal Mining Operations, March 25, 2008
• Opinion No. 08-68, “General County Election” for purposes of Tenn. Code Ann. § 2-5-151, March 31, 2008
• Opinion No. 08-69, County Authority to Issue Burning Bans, March 31, 2008
• Opinion No. 08-70, Constitutionality of House Bill 2778 (2008), March 31, 2008
• Opinion No. 08-71, Probable cause to arrest for the offense of violating an order of protection or restraining order, March 31, 2008
• Opinion No. 08-72, Teacher Eligibility for Election to City Council, March 31, 2008
• Opinion No. 08-73, City Funds for Non-Profit Organization, March 31, 2008
• Opinion No. 08-74, Constitutionality of Senate Bill 4104/House Bill 4089, April 1, 2008
• Opinion No. 08-75, Constitutionality of the General Assembly’s Adoption of the American Medical Association Guides to the Evaluation of Permanent Impairment (“AMA Guides”), April 1, 2008
• Opinion No. 08-76, Extent of Home Health Care an LPN May Provide to Patient with Ventilator, April 1, 2008
• Opinion No. 08-77, Constitutionality of HB 3137 Relating to Confidentiality of Handgun Permit Records, April 2, 2008
• Opinion No. 08-78, Legality of Privilege Tax On Entry of Customers into Adult-Oriented Establishments, April 2, 2008
• Opinion No. 08-79, Proposed Amendment of Chapters 3, 4 and 7 of Title 13 of the Tennessee Code, April 2, 2008
• Opinion No. 08-80, Constitutionality of Exclusions from Uniform Residential Landlord and Tenant Act, April 3, 2008
• Opinion No. 08-81, Constitutionality of Tenn. Code Ann. § 50-2-103, April 3, 2008
• Opinion No. 08-82, Tenn. Code Ann. § 37-1-128(e), April 3, 2008
• Opinion No. 08-82, Tenn. Code Ann. § 37-1-128(e), April 3, 2008
• Opinion No. 08-83, Prohibition in Tenn. Code Ann. § 2-12-201, April 3, 2008
• Opinion No. 08-84, Constitutionality of Bill Regulating Unfair Insurance Practices, April 4, 2008
• Opinion No. 08-85, Inability of Municipalities to Rescind Election of “Tennessee River Resort District” Status, April 7, 2008
• Opinion No. 08-86, Effect of a Delinquent Property Tax Sale on an Easement Burdening the Real Property Sold, April 7, 2008
• Opinion No. 08-87, Constitutionality of SB 3418 as Amended Relating to Prohibition of Deceptive Geographic Business Names and Listings, April 7, 2008
• Opinion No. 08-88, Constitutionality of House Bill 66/Senate Bill 252 – Forfeiture of Property of Individuals Who Have Illegally Entered the Country, April 8, 2008
• Opinion No. 08-89, Activities that a Licensed Real Estate Broker May Perform Without Having an Auctioneer’s License, April 8, 2008
• Opinion No. 08-90, Ability of Federally Recognized Indian Tribes to Conduct Gambling Activities In Tennessee, April 8, 2008
• Opinion No. 08-91, Constitutionality of Proposed Tennessee Administrative License Revocation Act of 2008, April 8, 2008
• Opinion No. 08-92, Reclamation Requirements Affecting Mineral Surface Mining Operations, April 9, 2008
• Opinion No. 08-93, Appointing Members of the Shelbyville Electric Power, Water and Sewerage Board, April 11, 2008
• Opinion No. 08-94, Validity of Pending Legislation Affecting Processing and Disposal of Radioactive Waste Material, April 11, 2008
• Opinion No. 08-95, Cost of Terminating Interest Rate Swap Agreement as Expense of Refunding, April 21, 2008
• Opinion No. 08-96, Lenoir City Council Member also Serving as City Board of Education Member, April 23, 2008
• Opinion No. 08-97, Federal Partial Birth Abortion Act, April 24, 2008
• Opinion No. 08-98, Attorneys’ Advertising of DUI Defense Services, April 29, 2008
• Opinion No. 08-100, Quarantine of Clandestine Methamphetamine Lab Locations, May 6, 2008
• Opinion No. 08-101, Financing for a Religious Entity under Tenn. Code Ann. §§ 67-4-3001, et seq., May 6, 2008
• Opinion No. 08-102, School Board Spouse of Assistant Director Voting on School Director’s Contract, May 6, 2008
• Opinion No. 08-103, Transfer of Felons Housed in the County Jails to the TDOC, May 6, 2008
• Opinion No. 08-104, Regulatory Takings as Applied to Coal Severance Tax, May 6, 2008
• Opinion No. 08-105, Constitutionality of Amendment 1 to Senate Bill 4104/House Bill 4089, May 7, 2008
• Opinion No. 08-106, Constitutionality of HB2858/ SB2653 authorizing student drug testing, May 7, 2008
• Opinion No. 08-107, County Board of Education Member also serving as City Council Member and City Board of Education Member, May 9, 2008
• Opinion No. 08-108, Reckless Driving Not a Crime Involving Moral Turpitude, May 14, 2008
• Opinion No. 08-109, Amendment of Tullahoma City Charter to Require Supermajority to Exceed Certified Tax Rate, May 14, 2008
• Opinion No. 08-110, Shelby County “Drive While You Pay” Program, May 16, 2008
• Opinion No. 08-111, Funding Budget of Joint Economic and Community Development Board, May 16, 2008
• Opinion No. 08-112, Constitutionality of HB 82 as Amended, May 19, 2008
• Opinion No. 08-113, Petition to Amend Knox County Charter, May 20, 2008
• Opinion No. 08-114, Criminal liability of mother of child born with drug addiction, May 21, 2008
• Opinion No. 08-115, Clerks Fees in Department of Human Services Child Support Enforcement Actions, June 3, 2008
• Opinion No. 08-116, Pay Plans for Principals and Teachers, June 5, 2008
• Opinion No. 08-117, Is Tenn. Code Ann. § 62-2-107 applicable to the replacement of windows at a county courthouse?, June 12, 2008
• Opinion No. 08-118, Clerks Fees in Department of Human Services Child Support Enforcement Actions, June 12, 2008
• Opinion No. 08-119, Application of 2002 Pub. Chap. 652, June 13, 2008
• Opinion No. 08-120, Minimum sentence and minimum fine for conviction for prostitution or patronizing prostitution within one and one-half (1 ½) miles of a school., June 13, 2008
• Opinion No. 08-121, Circuit Court Authority to Appoint CASA Volunteer, June 25, 2008
• Opinion No. 08-122, Application of Art. IV of Tennessee Constitution to Municipal Elections, July 10, 2008
• Opinion No. 08-123, Applicability of Section 6 of Chapter 170 of Public Acts of 2007, July 14, 2008
• Opinion No. 08-124, Definition of “Depraved and Sadistic” as it Relates to Aggravated Animal Cruelty, July 16, 2008
• Opinion No. 08-125, Filling a Vacancy in the Office of County Mayor, July 18, 2008
• Opinion No. 08-126, Requirement of Social Security Number in Tenn. Code Ann. §36-3-104(a), July 22, 2008
• Opinion No. 08-127, School Superintendent Contracts, July 24, 2008
• Opinion No. 08-128, Liability of Members of General Assembly for Impeachment or Removal of Judges, July 24, 2008
• Opinion No. 08-129, Incompatible Offices: County Commissioner and City Mayor, August 8, 2008
• Opinion No. 08-130, Validity of Political Party Nomination, August 8, 2008
• Opinion No. 08-131, Authority of Legislative Committee to Suspend Agency Rules, August 11, 2008
• Opinion No. 08-132, Constitutionality Of De Facto Custodian Legislation, August 13, 2008
• Opinion No. 08-133, Issuance of Handgun Carry Permits to Persons Suffering from Post Traumatic Stress Disorder , August 13, 2008
• Opinion No. 08-134, Sheriff’s Duty to Patrol within City Limits, August 14, 2008
• Opinion No. 08-135, Vote of Municipal Planning Commission to Approve or Disapprove a Plat, August 15, 2008
• Opinion No. 08-136, Authority of General Sessions and City Courts to issue Subpoenas for Telephone and Other Electronic Records in the Possession of Service Providers, August 15, 2008
• Opinion No. 08-137, Assistant District Attorney Serving as a Municipal Judge, August 15, 2008
• Opinion No. 08-138, Vacancy on Knox County Commission, August 19, 2008
• Opinion No. 08-139, Vacancy in Office of General Sessions Judge, August 19, 2008
• Opinion No. 08-140, Auction of tracts of real property prior to approval of subdivision plat by regional planning commission, August 19, 2008
• Opinion No. 08-141, Operation of More than One (1) Licensed Retail Liquor Store, August 19, 2008
• Opinion No. 08-142, Applicability of Tennessee diesel tax to transfers between or among licensed suppliers and exporters, August 19, 2008
• Opinion No. 08-143, Authority of Governmental Entity to Replace/Repair Sewer Lines on Private Property, September 4, 2008
• Opinion No. 08-144, Resignation under 2008 Tenn. Pub. Acts Ch. 871, September 4, 2008
• Opinion No. 08-145, County Powers to Regulate a Sawmill on Land Zoned for Agriculture, September 10, 2008
• Opinion No. 08-146 , State Trooper Running For Sheriff, September 10, 2008
• Opinion No. 08-147, Public Records, September 11, 2008
• Opinion No. 08-148, Fire and Ambulance Service Fees in Shelby County, September 18, 2008
• Opinion No. 08-149, Effect of Guilty Plea to Board of Professional Responsibility Upon Guardian ad Litem’s Immunity, September 18, 2008
• Opinion No. 08-150, The Constitutionality of Public Chapter 1030, Section 2, October 1, 2008
• Opinion No. 08-151, Constitutionality of State Welcome Center Brochure Policy, October 2, 2008
• Opinion No. 08-152, Application of Little Hatch Act to Campaign Memorabilia, October 3, 2008
• Opinion No. 08-153, Representing Participants in Benefit Review Conference; Unauthorized Practice of Law, October 3, 2008
• Opinion No. 08-154, Utility District Grant to a Church, October 3, 2008
• Opinion No. 08-155, Withdrawn, October 6, 2008
• Opinion No. 08-156, Increase in positions or funding to office of public defender under Tenn. Code Ann. ' 16-2-518, October 6, 2008
• Opinion No. 08-157, Disposal of Confiscated Weapons by Judicial District Drug Task Force, October 6, 2008
• Opinion No. 08-158, Expenditure of Hotel-Motel Tax Revenues on “Tourist Related Activities”, October 8, 2008
• Opinion 08-159, Contracts for termite inspection and protection, October 8, 2008
• Opinion No. 08-160, State Licensing of Halfway Houses, October 9, 2008
• Opinion No. 08-161, Workers’ Compensation -- Ex parte Communication Between Case Managers and Employee’s Physician, October 9, 2008
• Opinion No. 08-162 , Clerks Fees in Department of Human Services Child Support Enforcement Action, October 10, 2008
• Opinion No. 08-163, Exceptions to Required Use of Ignition Interlock Devices for Specified DUI Offenders, October 10, 2008
• Opinion No. 08-164, Tenn. Code Ann. § 48-66-103, October 14, 2008
• Opinion No. 08-165, Search of Premises Quarantined Due to Methamphetamine., October 15, 2008
• Opinion No. 08-166, Authority of Board of Accountancy to Retain Investigator, October 15, 2008
• Opinion No. 08-167, Authorization and Adoption of County Litigation Taxes, October 16, 2008
• Opinion No. 08-168, Aggravated Child Abuse and Neglect, October 24, 2008
• Opinion No. 08-169, Local Funding of Charter Schools – Tenn. Code Ann. § 49-13-112, October 27, 2008
• Opinion No. 08-170, Application of Tennessee=s Adult-Oriented Establishment Act to Strip Clubs, November 5, 2008
• Opinion No. 08-171, Petition for Popular Election on County “Wheel Tax”, November 5, 2008
• Opinion No. 08-172, Executive Agency under Tenn. Code Ann. § 3-6-301, November 10, 2008
• Opinion No. 08-173, Terms of State Legislators and Speakers, November 12, 2008
• Opinion No. 08-174, School Support Organization Financial Accountability Act – T.C.A. § 49-2-601, et seq., November 18, 2008
• Opinion No. 08-175, Private Probation Companies, November 18, 2008
• Opinion No. 08-176, State Fair Board and Lease for Use of State Fairgrounds, November 18, 2008
• Opinion No. 08-177, Same Individual Serving as Constable and County Commissioner, November 20, 2008
• Opinion No. 08-178, Tenn. Code Ann. § 12-3-219 – Reverse Auctions, November 21, 2008
• Opinion No. 08-179, Issuance of traffic citations based on evidence obtained from a surveillance camera, November 26, 2008
• Opinion No. 08-180, Service of School Board Member as a Substitute Teacher: Tenn. Code Ann. § 49-2-203(a)(1)(D), December 1, 2008
• Opinion No. 08-181, Misdemeanor Arrests: the “police team doctrine”, December 1, 2008
• Opinion No. 08-182, Archives and Records Management Fee, December 1, 2008
• Opinion No. 08-183, City Council Appointing Municipal Court Clerk, December 11, 2008
• Opinion No. 08-184, Municipal Regulation of Tree Harvesting, December 11, 2008
• Opinion No. 08-185, Authority of Governmental Entity to Replace/Repair Sewer Lines on Private Property, December 12, 2008
• Opinion No. 08-186, Tax-exempt fuel provided by county board of education to independent contractor, December 12, 2008
• Opinion No. 08-187, Unpaid Rest Breaks or Meal Periods under Tenn. Code Ann. § 50-2-103(h), December 16, 2008
• Opinion No. 08-188, County and City Authority to Regulate Vendors on State Highways, December 16, 2008
• Opinion No. 08-189, Juvenile Court Jurisdiction to Hear Petitions to Set Child Support Involving Married Persons, December 23, 2008
• Opinion No. 08-190, Retention of Audio Recordings and Stenographic Notes of a Criminal Proceeding, December 29, 2008
• Opinion No. 08-191, Constitutionality of 1978 Tenn. Priv. Acts Ch. 322, December 29, 2008
• Opinion No. 08-192, State Contracts, December 29, 2008
• Opinion No. 08-193, Maintenance of Effort: State Grants for Libraries and Emergency Communications Boards, December 29, 2008
• Opinion No. 08-194, Constitutionality of Amendments to BEP’s “Maintenance of Effort” Provisions, December 29, 2008
• Opinion No. 08-195, Effect of Tenn. Code Ann. § 9-4-210 on General Assembly elected after its passage, December 31, 2008
• Opinion No. 08-196, Residency in Aldermanic District, December 31, 2008
• Opinion No. 08-197, Copper Basin Hospital District, December 31, 2008