Legal Opinion
In Re Order to Encapsulate Native American Indian Gravesites in Concrete & Pave Over With Asphalt
Court of Appeals of Tennessee
Decided August 23, 2007No. M2006-01749-COA-R3-CVPublishedCited by 4 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · SwineyD. Michael Swiney, J.
in which HERSCHEL P. FRANKS, P.J., and SHARON G. LEE, J., joined.
During construction involving Hillsboro Road in Davidson County, the Department of Transportation discovered three Native American Indian graves. The Department of Transportation eventually rein-terred the graves and encapsulated the graves in concrete. The Department of Transportation later determined, after the fact, that simply encapsulating the graves in concrete did not comply with relevant statutory law. A first lawsuit was filed challenging the Department’s alleged policy of encapsulating graves. While the first…
3Cases cited30 opinions
- Stein v. Davidson Hotel Co.Tennessee Supreme Court · 1997
- State v. ElyTennessee Supreme Court · 2001
- Richardson v. Tennessee Board of DentistryTennessee Supreme Court · 1995
- Cook v. Spinnaker's of Rivergate, Inc.Tennessee Supreme Court · 1994
- Ronald Davidson v. Clement B. Capuano, David R. Harris and Joseph P. KeenanCourt of Appeals for the Second Circuit · 1986
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4Cited by4 opinions
- REGIONS FINANCIAL CORP. v. Marsh USA, Inc.Court of Appeals of Tennessee · 2009
- Bank of New York Mellon v. Chandra BerryCourt of Appeals of Tennessee · 2018
- James M. Robinson v. Pulte Homes Tennessee Limited PartnershipCourt of Appeals of Tennessee · 2018
- Stephen West v. Tony ParkerCourt of Appeals for the Sixth Circuit · 2019