What Happens With Subdivision Assessments When the County Takes Possession of Subdivision Property?

Here's what happened in a subdivision in Nashville.

IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE
May 26, 2010 Session

BILL TRAVIS, ET AL.
v.
TRUSTEES OF LAKEWOOD PARK
v.
COFFEE COUNTY, TENNESSEE

Appeal from the Chancery Court for Coffee County
No. 04-238 Charles Lee, Judge, by designation
No. M2009-01935-COA-R3-CV - Filed September 3, 2010

This appeal concerns sovereign immunity.

A subdivision in the defendant county had restrictive covenants that, inter alia, required the payment of an annual assessment by all lot owners to the subdivision trustees. In the wake of delinquent taxes, pursuant to statutes, the county took title to lots in the subdivision after delinquent tax sales failed to yield sufficient bids.

The county held the lots for several years, and declined to pay the trustees the annual assessments on the properties. Residents of the subdivision sued the trustees, and crossclaims against the county were asserted for the past-due assessments.

The county contended that it was immune from liability for the lot assessments under the doctrine of sovereign immunity. After a trial, the trial court held that the county was entitled to sovereign immunity insofar as it had complied with the pertinent statutes on delinquent tax sales, and granted a partial judgment against the county on the assessment claims.

The trustees appeal, arguing that the county was not entitled to assert sovereign immunity as a defense to the contract claims under the restrictive covenants.

We agree, and affirm in part and reverse in part the decision of the trial court.
=========================

The court ruling is to lengthy to post here, but you can read the entire judgment at:
http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/103/Bill%20Travis%20v%20Trustees%20Lakewood%20Park%20v%20Coffee%20Co%20TN%20opn.pdf

or  http://bit.ly/bsHOrz