Intermediate Scrutiny Blog

June 14–20, 2025 Appellant (on April 4, 2025) appeals final order entered by trial court on March 3, 2024.  Tennessee Court of Appeals: Show cause why this appeal should not be dismissed as untimely.  Appellant: …  Tennessee Court of Appeals: We mean it, show cause why this appeal should not be dismissed as untimely. 

June 7–June 13, 2025 HOA sues Homeowners for operating short-term rentals that HOA contends are prohibited by the Covenants, Conditions, and Restrictions that govern the properties.  Trial court: Both parties’ competing interpretations of the CC&Rs are reasonable, so Homeowners win.  Tennessee Court of Appeals: Affirmed.  The Tennessee Supreme Court recently held that, “because restrictive covenants

May 31–June 6, 2025 Plaintiffs—one of them an oft-sanctioned lawyer—file especially vindictive SLAPP-suit against Mother after Mother speaks out about Plaintiffs’ troubling behavior toward Mother’s minor daughter.  The lawsuit is filed shortly after Mother reports Plaintiffs to DCS.  Following extensive trial court proceedings, trial court grants Mother’s Tennessee Public Participation Act petition to dismiss

May 24–May 30, 2025 Pro Se Litigant chronically violates discovery orders.  Eventually, the trial court sanctions Pro Se Litigant by dismissing his complaint without prejudice.  After the trial court announces that ruling, but before its written dismissal order enters, Pro Se Litigant moves to recuse the trial court judge.  The dismissal order is entered

May 17–May 23, 2025 After Defendants complain about their HOA refusing to let them erect a wooden security fence for their disabled son, HOA Officials file a “Civil Warrant Restraining Order”—which famously is not a thing—in Blount County General Sessions Court.  Defendants petition to dismiss the HOA Officials’ SLAPP-suit under the Tennessee Public Participation

May 10–May 16, 2025 Widely Disliked Tennessee Lawyer serves as plaintiff in a Tennessee Adult Protection Act (elder abuse) case.  The case involves two competing wills: a 2016 will that leaves Decedent’s estate to a local animal shelter, and a 2020 will that leaves Decedent’s estate to an Acquaintance.  Only the 2016 will is (so