Intermediate Scrutiny Blog

December 7–December 20, 2024 Tennessee inmate files declaratory judgment action based on the Tennessee Constitution’s safe prisons clause, noting that he has been attacked once already, remains in danger, that the private prison operator that runs the prison has agreed to transfer him elsewhere, and that the Tennessee Department of Correction has inexplicably blocked

November 30–December 6, 2024 A county regional planning commission denies an application to place a quarry in an agricultural zone because: (1) the quarry is not a permitted use, and (2) the relevant zoning scheme states that all nonpermitted uses are prohibited.  The trial court affirms the planning commission’s decision on certiorari review, and

November 23–November 29, 2024 Construction company and its principal falsely represent that a store renovation they were hired to complete would be completed in time for the new store’s opening, fail to finish the work in time for the store to open, charge extra for fixing their own mistakes, demand payment for a builder’s

November 16–November 22, 2024 Before she dies, Decedent executes a Durable Power of Attorney form designating Daughter as her attorney-in-fact.  The form states: “THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU.”  Afterward, Decedent is admitted into a Nursing Home facility, and during the process of completing paperwork

November 9–November 15, 2024 Man injured in a tractor-trailer accident sues Trucking Company.  After filing suit, Man serves process on Trucking Company’s registered agent.  When Trucking Company neglects to respond to the lawsuit, Man moves for and obtains a $750,000.00 default judgment.  Arguing that its registered agent, for some unexplained reason, never actually informed