Tag Archives: claim

Nashville’s L&C Tower Owner Says State Wrongfully Broke Lease, Owes $4 Million Plus

The owner of the downtown L&C Tower filed a claim with the state earlier this week in response to the state’s plans to sever its lease and move out of offices it has occupied in the tower since 2004, reports The Tennessean.
401 Church St., which owns the building, names the Department of General Services, the Department of Environment and Conservation and the Department of Finance and Administration as defendants in its complaint with the state Division of Claims Administration. The complaint seeks $4.15 million in potential lost rent and between $250,000 and $2 million in additional damages.
Because of the state’s new plan to condense and modernize its office space, General Services told the tower’s owners they were severing the lease agreement. But the L&C owners argue that the state needed to receive approval from the owner’s lender, CIBC, before it severed the lease agreement. No such approval was ever sought, according to the complaint.
In 2005, the state received a break on its rent in exchange for eliminating the lease provision that allowed the state to break the lease for essentially no reason. Under the most recent version of the lease, which went into effect in 2004, the state can sever the agreement provided it gives one of eight agreed-upon reasons.

Supreme Court: TennCare Can Seek Payback After Recipient Dies

News release from Administrative Office of the Courts:
The Tennessee Supreme Court today held that current state law permits the Bureau of TennCare to obtain reimbursement for services provided to a deceased TennCare recipient from real property owned by the recipient at the time of death and left to family members in a will.
After the TennCare recipient died in 2006, her estate filed her will in the Putnam County Probate Court. In response to the notice to creditors, the Bureau of TennCare filed a claim for $22,319 for nursing home and long-term care services provided to the recipient before her death. The recipient’s estate objected to the claim.
After the probate court overruled the objection, the estate appealed to the Circuit Court for Putnam County. The circuit court decided that federal and state law did not allow TennCare’s claim. The Tennessee Court of Appeals vacated the circuit court’s order after finding that the circuit court did not have jurisdiction over the estate’s appeal. The estate requested the Tennessee Supreme Court to review the Court of Appeals’ decision.
After considering the parties’ briefs and oral arguments, the Court found that the circuit court should have transferred the estate’s appeal to the Court of Appeals. It also found that the Court of Appeals should have considered the estate’s appeal rather than simply vacating the circuit court’s order and sending the case back to the probate court.
In a unanimous opinion, the Supreme Court determined that both federal law and state law permit the Bureau of TennCare to obtain reimbursement for services provided to a deceased TennCare recipient. The Court held that this reimbursement may come from the recipient’s personal property and from any real property that Tennessee law permits to be used to pay the debts of the deceased recipient or of the deceased recipient’s estate.
To read the opinion authored by Justice William C. Koch, Jr., visit http://www.tncourts.gov/sites/default/files/trigg.opn_.pdf.
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Bill Makes Crime of Falsely Claiming Military Service

Rep. Bill Dunn, R-Knoxville, won committee approval Tuesday of a bill that would make it a crime to falsely claim to have served in the United States armed forces.
Dunn said he and Sen. Becky Duncan Massey, R-Knoxville, were inspired to sponsor HB2491 by a constituent who had seen a tombstone naming the deceased as having served in World War II. He declined to name the person involved.
A current law would already apply in some situations, Dunn says, but the bill would broaden the current law to cover “all ways to steal the honor of serving in the military.. that someone else deserves.”
The bill would punish a false claim of military service as a Class B misdemeanor, which carries a maximum penalty of six months in jail, a $500 fine or both.
The prohibition would not apply to someone wearing a military uniform for theatrical, instructional or educational purposes.