7-68-104 - Violations Filing complaint Burden of proof Court actions Compliance with orders. - Tennessee Statutes

7-68-104. Violations Filing complaint Burden of proof Court actions Compliance with orders.

(a)  A person residing in a municipality or county who believes a local governmental entity or official has violated § 7-68-103 may file a complaint in chancery court in that person's county of residence.

(b)  The person filing the complaint shall have the burden of proving by a preponderance of the evidence that a violation of § 7-68-103 has occurred.

(c)  If the court finds the local governmental entity or official in violation of § 7-68-103, the court may issue a writ of mandamus against the local governmental entity ordering it to comply with § 7-68-103, enjoin the official from further interference or take other action to ensure compliance as is within the jurisdiction of the court.

(d)  A local governmental entity shall have no less than ninety (90) days nor more than one hundred twenty (120) days from the date of the court's order to comply with the order. If, after one hundred twenty (120) days, the local governmental entity has not complied with the court's order, the court may take whatever action necessary to enforce compliance.

[Acts 2009, ch. 447, § 1.]