Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Monuments And Memorials topic
No spam. Unsubscribe anytime.
County attorney says new state law likely moots Williamson County seal appeal
Summary
County counsel reported Public Chapter 389 changes the definition of memorial to include county seals and likely affects current litigation over the county seal, possibly shifting review to a newly created memorials commission.
FRANKLIN, Tenn. — Williamson County’s legal staff told the commission Tuesday that a change in state law could render the county’s ongoing appeals over its official seal moot.
County Attorney Jeff Mosley told the board that the state legislature last month passed Public Chapter 389, which expands the definition of “memorial” to include governmental seals that “represent any historic conflict, historic entity, historic event, historic figure, or historic organization.” He said the change likely affects the county’s pending appeal and could move jurisdiction from the Tennessee Historical Commission to a new state Monuments and Memorials Commission.
Mosley said the county previously filed a petition for declaratory order and had won an initial determination that the then-current county seal was not under the historical commission’s jurisdiction. That matter proceeded to Davidson County Chancery Court and is now on appeal. “It is my opinion that it is likely that this law will render the current appeal moot,” Mosley said. He also said the attorney general’s office, which represents the historical commission, and third parties will need to confer about the law’s impact and whether the appeal should be dismissed or held in abeyance.
Why it matters: Public Chapter 389 redefines what qualifies as a memorial under state law. Mosley said that, if the appeal is moot, the county may have to seek permission under the new statute from the Monuments and Memorials Commission to alter the seal — and that the legal standard for removing a memorial under the statute is comparatively strict.
Next steps: Mosley said he expects additional talks in coming weeks with the attorney general’s office and other parties to determine whether the appeal will be dismissed as moot or whether further litigation is needed. He asked the commission for guidance if it wishes to change prior authorization that directed the mayor to pursue a waiver from the historical commission; he did not request an immediate vote.
The commission took no immediate action Tuesday but will be updated as the attorney general and other parties clarify the law’s practical effect.
