Current Pending Cases – Civil

Robert E. Lee Flade v. City of Shelbyville, Tennessee et al. (TPPA)

Style: Robert E. Lee Flade v. City of Shelbyville, Tennessee et al.

TSC Docket Number: M2022-00553-SC-R11-CV

Court of Appeals Opinion:

Summary by the Court of Appeals:

This appeal involves application of the Tennessee Public Participation Act (TPPA). Plaintiff filed multiple causes of action against the City of Shelbyville, the Bedford County Listening Project, and several individuals – one of whom is a member of the Shelbyville City Council. Defendants filed motions to dismiss for failure to state a claim under Tennessee Rules of Civil Procedure 12.06, and two of the non-governmental Defendants also filed petitions for dismissal and relief under the TPPA. The non-governmental Defendants also moved the trial court to stay its discovery order with respect to Plaintiff’s action against the City. The trial court denied the motion. The non-governmental Defendants filed applications for permission for extraordinary appeal to this Court and to the Tennessee Supreme Court; those applications were denied. Upon remand to the trial court, Plaintiff voluntarily non-suited his action pursuant to Tennessee Rule of Civil Procedure 41.01. The non-governmental Defendants filed motions to hear their TPPA petitions notwithstanding Plaintiff’s nonsuit. The trial court determined that Defendants’ TPPA petitions to dismiss were not justiciable following Plaintiff’s nonsuit under Rule 41.01. The Bedford County Listening Project and one individual Defendant, who is also a member of the Shelbyville City Council, appeal. We affirm the judgment of the trial court.

Permission to Appeal Granted: August 9, 2023

Appellants’ Briefs Filed: September 8, 2023

Appellees’ Briefs Filed: October 8, 2023

Appellants’ Reply Brief Filed: October 19, 2023; December 12, 2023

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  

Oral Argument Date: February 21, 2024

Link to Oral Argument Video:  

Date of TSC Opinion:  

Opinion of the TSC: 

TSC Summary of the Opinion:


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