Local Goverment Alert: TN Supreme Court acknowledges expansive rights of governing boards to sue & be sued

Local Goverment Alert: TN Supreme Court acknowledges expansive rights of governing boards to sue & be sued

Two recent opinions give real insight into the Tennessee Supreme Court’s thinking about the ability of the components of local government to sue each other.

In the first case, the Court confirmed Metro Nashville’s ability to sue its own Board of Zoning Appeals.  In the second case, the Court confirmed the Coffee County School Board’s right to sue two cities over funding issues.

These opinions are especially timely considering the battle brewing in Memphis about whether or not a County Commission can retain its own counsel, separate and apart from the county attorney.