Knoxville Tennessee Legal Blog

Appealing a commercial property assessment in Knox County

Commercial real estate can play a pivotal role in business development and growth. However, a business's success is often dependent on the limitations placed upon it by its commercial property. This is why it is usually critical for these businesses to carefully consider the terms of their lease or purchase agreements to avoid business litigation. Yet, these agreements are not the only things that can affect the viability of commercial property.


Car accidents: how alcohol affects driving abilities

Tennesseans do not have to be an expert in the sciences to know that alcohol can affect an individual's ability to drive safely. This is thanks, in part, to aggressive law enforcement and public service campaigns that seek to spell out the dangers of drunk driving. Yet, even with the perpetuation of this knowledge and the increased availability of cheap ride-sharing services, many people choose to climb behind the wheel of their own vehicle while under the influence. This, in turn, puts multiple innocent motorists in harm's way.


A variety of disputes may interrupt the probate process

As difficult as it may have been to say a final goodbye to your loved one, you now have another challenge ahead as you approach the probate process for your loved one's estate. Few people are fortunate enough to have parents or relatives make estate plans to clarify their wishes, and even fewer establish trusts to avoid probate altogether. This often leaves family members with the long and frustrating process of probating the estate.

Whether your loved one left a will or no plan at all, you may have many questions about what to expect as you put your life on hold and deal with the estate. Perhaps your main question is the one most people in your situation ask: How long will this take? While a typical probate for a simple estate may take less than a year, your loved one's may drag out indefinitely if you encounter any of the common conflicts.

Intestate succession can lead to unintended disinheritance

A lot of people think that they do not need an estate plan because they simply want their assets to pass to their spouse, their children or some combination of the two. However, foregoing an estate plan can have disastrous consequences. This is because those who pass away without an estate plan subject their assets to the state's intestacy laws. Depending on the makeup of one's family, assets can be distributed in one of a variety of ways.


A primer on eminent domain

Tennesseans have a strong interest in protecting their property. After all, many who live in the state have chosen to do so for its preservation of nature and tranquility. While most people feel secure in their property rights upon purchasing land, the truth of the matter is that the government can step in at any time and claim that land as its own. This process is known as eminent domain.

Through eminent domain, the government has the power to take private property for public use. Fair compensation must be paid for the taking, which is typically defined by market values. Both of these issues, public use and fair market value, give rise to many legal challenges.

Tennessee company files business lawsuit against franchisee

Franchising a business can be a great way to appease one's entrepreneurial spirit while minimizing the risk. This is because the parent company provides its name, goodwill, goods, equipment and business practices in exchange for a licensing fee and a portion of revenues generated. With careful and thorough planning, those who pursue a franchise opportunity in the right place and at the right time can see tremendous success. However, there are risks associated with these business arrangements, and when disputes arise between a franchisee and franchisor, litigation can ensue.

Just take a look at a lawsuit that was recently filed by Perkins & Marie Callendar's. It claims that one of their franchisees, which owns 26 Perkins locations in multiple states and has failed to pay more than $2 million in royalties and other fees, including those tied to marketing. As a result, Perkins & Marie Callendar's is looking to shut those locations down, which accounts for 7 percent of the company's locations. It has revoked its license and obtained a temporary restraining order.

Hours of service regulations seek to curtail truck accidents

Semi-trucks pose a significant risk to other motorists. A simple mistake in these big rigs can have serious ramification, resulting in a truck accident that leaves victims with serious injuries, including brain and spinal cord injuries. Some of these victims are left permanently disabled. Other die. Sadly, even though minor errors can cause these tragic results, truckers often make more egregious mistakes that are easily preventable.

This is why federal regulators have stepped in. By implementing certain rules, they hope to better ensure safe trucking and protect the public. One of the most important trucking regulations is that which pertains to hours of service. These regulations dictate how long truckers can stay on the road and when they have to take breaks. The aim is to prevent trucker fatigue and the risks that come with it.

Could your post-surgical pain result from something left behind?

It's 2019, and you expect that when you go through surgery, the advances in medical technology will make sure that your surgery succeeds. More than likely, your surgeon fixed the problem for which you needed the operation, but for some reason, you just aren't getting better.

In fact, your pain could increase to the point it becomes a threat to your life. What's going on? The sad reality is that your surgeon and his or her team may have left something in your body, and now, you must undergo one or more additional surgeries to remove the object and repair any damage it caused. You may be surprised at what doctors have discovered inside people's bodies.

Famed singer's written wills may lead to probate litigation

If you've been following the news then you've probably heard about the issues surrounding famed singer Aretha Franklin's estate. At first, reports indicated that Franklin died without a will, which meant that all of her assets and debts were going to be subjected to intestate succession and an extensive probate process. This meant that her assets were likely to be divided evenly amongst her four sons. New developments in the case, though, may change the course of her estate.

Recent legal filings indicate that Franklin actually had three handwritten wills, which were recently found at her residence. One of those wills was found under couch cushions. All three of the wills, one of which was written in 2010 and two in 2014, have been submitted to the court for a determination of their legal validity.

Changes to Knoxville's zoning laws remains stalled

Navigating Knoxville's zoning ordinances can be a nightmare. And the stakes can be high for those who are deemed to have gone astray form those regulations. In fact, a violation of zoning laws can result in massive fines that can leave a business devastated. But that's not all. The government may also require a business to remove a structure form the property in question, which can be an expensive endeavor.

For the last three years, Knoxville has been looking to revamp its existing zoning laws. These changes may have significant ramifications for property owners, and it may effect how businesses operate. The current zoning laws, which are 60 years old, are outdated and don't always meet the needs of the local population. This is significant considering they currently dictate what can be built where. These regulations even deal with things like appropriate lighting.

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The Hurley Law Firm

The Hurley Law Firm, P.C.
205 Mohican Street
Knoxville, TN 37919

Phone: 865-888-5472
Fax: (865) 546-8121
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