Case Summaries
of Importance to Counties

2009 Property

Metropolitan Government of Nashville v. Brown, 35 TAM 8-11—Metro demolished a dilapidated structure and then sought reimbursement from the homeowners. The homeowners had purchased the property at a tax sale prior to the demolition. They filed a counterclaim against Metro for inverse condemnation. The trial court ruled in favor of the homeowners on both claims. The Court of Appeals affirmed. The Court found that Metro knew or should have known that the property had been sold at the tax sale, and thus, Metro demolished the structure without having the authority to do so. According to the Court, Metro’s interest in the property would have been discovered by the delinquent tax attorney through the mandatory public records search and the delinquent tax attorney had an affirmative duty to notify Metro of the impending tax sale (December 30, 2009).