Powell Land Use & Zoning Lawyer, Tennessee


Donald R. Coffey

Family Law, Workers' Compensation, Estate Planning, Real Estate
Status:  In Good Standing           

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Heather G. Anderson

Tax, Real Estate, Estate, Business
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Ryan Neil Shamblin

Construction, Wills, Wills & Probate, Corporate
Status:  In Good Standing           

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D. Scott Hurley

Real Estate, Wills & Probate, Civil Rights, Personal Injury
Status:  In Good Standing           

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Bennett Hirschhorn

Divorce & Family Law, Real Estate, Estate, Defamation & Slander, Business
Status:  In Good Standing           

David Long

Commercial Real Estate, Environmental Law, Business & Trade, Banking & Finance
Status:  In Good Standing           

David Wilson Long

Commercial Real Estate, Environmental Law, Corporate, Banking & Finance
Status:  In Good Standing           

Dennis Baxter Ragsdale

Commercial Real Estate, Corporate, Banking & Finance, Business
Status:  In Good Standing           

Eddy Pratt

Motor Vehicle, Commercial Bankruptcy, Litigation, Construction
Status:  In Good Standing           Licensed:  38 Years

Katie Waldrop

Tax, Business & Trade, Trusts, Commercial Real Estate
Status:  In Good Standing           Licensed:  15 Years

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LEGAL TERMS

INVITEE

A business guest, or someone who enters property held open to members of the public, such as a visitor to a museum. Property owners must protect invitees from d... (more...)
A business guest, or someone who enters property held open to members of the public, such as a visitor to a museum. Property owners must protect invitees from dangers on the property. In an example of the perversion of legalese, social guests that you invite into your home are called 'licensees.'

VARIANCE

An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in acco... (more...)
An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in accordance with your city's setback requirement, you could apply at the appropriate office for a variance allowing you to build closer to a boundary line.

PATENT CLAIM

A statement included in a patent application that describes the structure of an invention in precise and exact terms, using a long established formal style and ... (more...)
A statement included in a patent application that describes the structure of an invention in precise and exact terms, using a long established formal style and precise terminology. Patent claims serve as a way for the U.S. Patent and Trademark Office (PTO) to determine whether an invention is patentable, and as a way for a court to determine whether a patent has been infringed. In concept, a patent claim marks the boundaries of the patent in the same way as the legal description in a deed specifies the boundaries of the property.

USE TAX

A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy... (more...)
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy your car in a state that has no sales tax, but you live across the border in a state that does have a sales tax. When you bring your car home and register it in your state, the state taxing authority will bill you for the sales tax it would have collected had you bought the car within the state.

DEMURRER

A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.

EMINENT DOMAIN

The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the Unite... (more...)
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is 'justly compensated' (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.

SEIZURE

The taking of physical evidence or property by law enforcement officials. This runs the gamut from taking blood for a drug test to impounding a car used in a ro... (more...)
The taking of physical evidence or property by law enforcement officials. This runs the gamut from taking blood for a drug test to impounding a car used in a robbery. The police must generally obtain a search warrant, or court order, before they can seize personal property.

STATUTE OF LIMITATIONS

The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For... (more...)
The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For example, many states require that a personal injury lawsuit be filed within one year from the date of injury -- or in some instances, from the date when it should reasonably have been discovered -- but some allow two years. Similarly, claims based on a written contract must be filed in court within four years from the date the contract was broken in some states and five years in others. Statute of limitations rules apply to cases filed in all courts, including federal court.

COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP

A way for married couples to hold title to property, available in Arizona, California, Nevada, Texas and Wisconsin. It allows one spouse's half-interest in comm... (more...)
A way for married couples to hold title to property, available in Arizona, California, Nevada, Texas and Wisconsin. It allows one spouse's half-interest in community property to pass to the surviving spouse without probate.

SAMPLE LEGAL CASES

Jacks v. MILLINGTON BD. OF ZONING APPEALS

On appeal, the crux of Appellant's argument is that his local zoning board erred in determining that he could not use two structures on his property for human occupation. In support of this contention, Appellant argues that when reviewing the zoning board's decision, the trial ...

LAMAR TENNESSEE v. Bd. of Zoning Appeals

This appeal concerns a billboard permit. The petitioner billboard owner applied to the respondent city for a permit to tear down and replace a grandfathered billboard. The city granted a permit for an indirectly illuminated billboard. The owner then built a billboard with a digital ...

Wadlyn Corp. v. City of Knoxville

... The Property was zoned RP-1, which, under the applicable zoning code, allows for a population density of up to twenty-four dwelling units per acre. ... As pertinent to this appeal, Article VII, Section 5 of the Knoxville Zoning Ordinance provides: Sec. ...

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