BRADY DANIELS ET AL. v. VINCE TROTTER - Articles

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BRADY DANIELS ET AL. v. VINCE TROTTER

Posted by: Azya Thornton on Jul 1, 2025

Court: TN Court of Appeals

Attorneys 1: Sharon McMullan Milling, Hixson, Tennessee, for the appellants, Brady L. Daniels and Sylvia L. Benford Daniels.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; J. Matthew Rice, Solicitor General; and Jing Geng, Assistant Attorney General, for the intervenor-appellee, State of Tennessee.

Attorneys 3: Barry L. Abbott, Chattanooga, Tennessee, for the appellee, Vince Trotter.

Attorneys 4: Harry R. Cash, Chattanooga, Tennessee, for the appellees, City of Chattanooga and Chattanooga Neighborhood Enterprise, Inc.

Judge(s): DAVIS

In this constitutional challenge involving a non-judicial foreclosure, the trial court determined that Tennessee Code Annotated § 35-5-106 is not unconstitutional as applied because the City of Chattanooga acted in a proprietary capacity when it conducted a non-judicial foreclosure of a deed of trust. Thus, only private conduct is at issue and constitutional rights are not implicated. We affirm.

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