Procedurally Deficient Court Strips Elderly Woman of Her Home and Ruins Her Life
232,923
Published 2020-06-18
ij.org/case/memphis-environmental-court/
Sarah Hohenberg’s journey through the Environmental Court has left her bankrupt, homeless, stripped of her possessions, and a fugitive from the law. In 2009, a tree fell on her home causing significant damage. While she tried to get her insurance to repair her home, Ms. Hohenberg’s neighbors sued her in the Environmental Court, trapping her there for a decade. It is not an overstatement to say that this suit ruined Ms. Hohenberg’s life—she lost her house, the court’s multi-year proceedings caused her to deplete her finances on lawyers, and the court ordered her possessions removed from the house, leaving them to be stolen or carried away. Unable to meet the court’s ever-changing repair goalposts, Ms. Hohenberg lost the home that she owned outright. Humiliated and destitute, she fled to Mississippi as a fugitive because she refused to sign over her home. She is now ill, bankrupt, and homeless.
Like Sarah, Joseph Hanson also lost his home in Environmental Court proceedings after a tree fell on it. Despite no valid testimonial or evidentiary basis, the Environmental Court jailed Mr. Hanson numerous times and bulldozed his home and destroyed his possessions. He, too, is now homeless.
Ms. Hohenberg and Mr. Hanson arrived at this spot through a woefully constitutionally deficient process that took years to complete. In the Environmental Court, witnesses are not sworn in, nor do they attest that their testimony will be truthful. There is regularly hearsay testimony. Evidence, such as it is, is not authenticated. People “testify” from the courtroom audience. When witnesses testify, there is no foundation laid to determine their ability to provide evidence. The court does not follow the Tennessee Rules of Civil Procedure or the Tennessee Rules of Evidence. Instead, the Environmental Court’s proceedings are governed by the Shelby County General Session Rules—Criminal Division Rules, which is six pages long and largely concerns courtroom decorum.
Worse yet, the Environmental Court is not a “court of record” under Tennessee law, meaning that its proceedings are not transcribed or recorded. Appeals from the Environmental Court go directly to the Tennessee Court of Appeals, meaning that while a person may, in theory, appeal from an Environmental Court decision, there is no record for the Court of Appeals to examine. It is a right to appeal in name only.
Now, Sarah and Joseph have partnered with the Institute for Justice to ensure that court procedures involving occupied homes follow stringent procedural protections. This case aims to ensure that the Environmental Court, and similar housing courts across the country, comply with the due process clause of the U.S. Constitution.
ij.org/case/memphis-environmental-court/
All Comments (21)
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The state of Tennessee should be ashamed have themselves. This should be corrected immediately.
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"No person shall...be deprived of life, liberty, or property, without due process of law"
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You have to wonder just how many folks had this done to them and nobody cared?
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Sue the hell out of the environmental court, take their homes and throw them in jail.
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How is everyone associated with the operation of this "Enviornmental" court not in Federal prison right now?
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This is unacceptable, I hope you are successful in your case.
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What a digusting and evil court....shaking my head😨
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Thank god Institute for justice is here. Because this is happening way too much in to many places.
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The people involved in depriving these people of their property have consciences that have been seared with a hot iron. Dispicable.
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“ Due process you would normally associate with a court” - Yeah okay. Don’t know what courts you have gone to where they don’t railroad defendants.
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The worst criminals wear badges and black dresses.
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"Color of law" make way for the next level: "color of court".
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As unlawful as child protective "court". Taking children from parents by lying documents.
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Just like family courts
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Like family court, corrupt, without merit. Women makes false claims, man's life destroyed.
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That is just horrific ! Praying for those involved.
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These situations are outrageous. This court is everything a HOA wishes they could be.
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Reminds me of how Family Court has disenfranchised men in America.
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Shouldn't SCOUTUS be looking at this legislation? Doesn't seem Constitutional.
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Has this country lost its damn MIND !
