CUMULUS BROADCASTING, INC. v. SHIM


226 S.W.3d 366 (2007)

CUMULUS BROADCASTING, INC. et al. v. Jay W. SHIM et al.

Supreme Court of Tennessee.

April 27, 2007.


Attorney(s) appearing for the Case

Douglas Ray Pierce and Jeremy Wayne Parham, Nashville, Tennessee, for the appellants, Phoenix of Hendersonville, Inc. and Cumulus Broadcasting, Inc.

James Carson Hofstetter, Nashville, Tennessee, for the appellee, Jay W. Shim.


OPINION

GARY R. WADE, J., delivered the opinion of the Court, in which WILLIAM M. BARKER, C.J., and JANICE M. HOLDER and CORNELIA A. CLARK, JJ. joined.

The chancery court granted a motion for summary judgment to the Plaintiff on the theory of adverse possession under the common law. The Court of Appeals reversed and dismissed based upon Tennessee Code Annotated section 28-2-110 (2000), holding that there was a failure on the part of the Plaintiff to pay...

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