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Whaley v. Perkins7/21/2005
xercising the powers granted to it by Tennessee Code Annotated 13-3402, the regional planning commission shall adopt regulations governing the subdivision of land within it's jurisdiction.
Shelby County Code Section 25-261 reads that boards of county commissioners shall have the authority to pumicate by ordinance subdivision regulations governing the division, subdivision, or resubdivision of land into two or more parcels any of which is 4-acres or less in size for the purpose of conveyance or building development.
Tennessee codes subdivision regulations section 105 reads that no land shall be subdivided within and unincorporated portion of Shelby County until a subdivider has obtained approval of the preliminary plan and final plat.
The following do not require application for a subdivision to the land use control board: Any division-subdivision of land where each lot created has at least four acres of area, has a depth no greater than four times the average width, and a minimum of 50 feet of frontage on a public road.
Shelby County subdivision regulation section 110 reads A 1, no owner or agent of the owner or of any parcel of land-excuse me. Let me start it again.
No owner or agent of the owner of any parcel of land in a proposed subdivision for which a preliminary plan has been filed shall transfer or sell any such lot or portion of the proposed subdivision before a final plat of such subdivision has been approved by the appropriate governing body in accordance with the provision of these regulations and recorded in the office of the Shelby County Registrar.
The subdivision of any lot or parcel of land by the use of meats and bounds description for the purpose of sale, transfer, or lease with the intent of evading these regulations shall not be permitted. All such described subdivisions shall be subject to all the requirements contained in these regulations.
No street number or building permit shall be issued for the erection of any building or structure located on a lot, plat, or parcel of which violates the provision of these regulations.
You've heard me use the term legal cause. A legal cause of an injury which there is a cause which is in natural and continuous sequence produces an injury and without which the injury would not have occurred.
Appellants argue that the trial court erred in instructing the jury on negligence per se. First, Appellants argue, Ms. Perkins corrected any illegality occasioned by her first transfer of two acres to the Whaleys, by transferring another two-acre parcel a few months later on the advice of her attorney Earl Daley. Appellants direct us to the trial testimony of Nat Parham, an attorney with fifty years of experience in real estate law, that Ms. Perkins' subsequent conveyance of two acres corrected the "less than four acre issue." Appellants further argue that even if the illegality was not corrected, the three-year statute of limitations for injury to property would have expired in 1988, seven years before the Whaleys filed their lawsuit.
The doctrine of negligence per se stands for the proposition that, in some circumstances, the violation of a statute or ordinance may constitute negligence in itself. However, it is not the case that violation of every statute or ordinance constitutes negligence per se. A leading treatise explains negligence per se as follows:
In order for the violation of a statute or ordinance to constitute negligence per se, the statute or ordinance violated must be a specific requirement to do or omit to do a definite act; the violation of a statute or ordinance prescribing merely a rule of conduc
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