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1990 Tennessee Attorney General Reports and Opinions 1 (1990)

handle is hein.sag/sagtn0102 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 August 1990 90-77 ALCOHOL: Beer: Permits: T.C.A. §57-5-109(k), which requires that no new license be issued to permit beer sales on the same premises for one year after the revocation of a beer license, could be unconstitutional in application if no notice and hearing were provided for the property owner to show that he was innocent of any wrongdoing and had done all he could reasonably be expected to do to prevent it; Metro Ordinance No. 089-1033 is invalid because it is in direct conflict with T.C.A. §57-5-109(k). T.C.A. S§57-5-108, -109. 90-76 BONDS/NOTES: Counties: Municipal: This opinion analyzes the meaning of the term any publicly owned waterworks system utilizing a single bookkeeping system for both a waterworks and wastewater facility under T.C.A. S68-13-1010, discusses the jurisdiction of the Wastewater Financing Board, and discusses appropriations for wastewater facilities, including bond issues. T.C.A. §4-5-102, §S5-11-101 etseg., S§7-34-101 eas.e., §§7-35-420 et aeg., S§7-36-101 at aa., 557-82-101 et seg., 559-21-101 et sas., S§68-13-501, -1001 et sa., -1007, -1008, -1009, -1010, -1011, -1012. 90-75 CIVIL PROCEDURE: Cost: Litigation Tax: Pursuant to Rule 6 of the Tennessee Rules of Appellate Procedure, a party, unless exempted by statute or rule, is required to file a cost bond in order to appeal a civil matter from the Juvenile Court to the Court of Appeals pursuant to T.C.A. §37-1-159(g); the Juvenile Court clerk is not required to collect litigation taxes at the time of the filing of a notice of appeal pursuant to T.C.A. §37-1-159(g); the clerk of the Court of Appeals is responsible for collecting the litigation tax for the appeal. T.C.A. §37-1-159, S20-12-102, 5§67-4-602, -603, -604, -605, -606; Op. Tenn. Atty. Gen. 89-204 (December 9, 1988).

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