ELECTRONICALLY FILED 2016 Aug 30 PM 4:30 CLERK OF COURT - CHANCERY IN THE CHANCERY COURT OF SHELBY COUNTY, TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS PAM HAYES, DEBBIE LEWIS, HARRY ADAMS, NEAL BUMPUS, JIM BROWN, JOHN ELLIS, MIKE DAUGHERTY, JACK. SMITH, ADAM SCHMUCK, AND CITIZENS. TO SAVE OUR PARKS, INC., Plaintiff, vs. CH-13-0785-3 ‘THE CITY OF MEMPHIS and THE MEMPHIS CITY COUNCIL, Defendants. CITY’S MOTION FOR SUMMARY JUDGMENT COME NOW, Defendants the City of Memphis and the Memphis City Council (collectively “the City”), by and through undersigned counsel, and moves this Court for Summary Judgment, pursuant to Rule 56 of the Tennessee Rules of Civil Procedure, on all claims brought against it by Plaintiff. ‘As grounds for this Motion, the City Defendants state that they are entitled to judgment ‘as a matter of law for the following reasons:1. The City Council possesses broad and complete authority under the Charter of the City of ‘Memphis to control city parks, which includes the right to rename such parks. 2. The provisions of Charter Section 579.1 specifically permit the Council to act by resolution as it relates to the control, maintenance, management, conduct or operation of any of the parks. 3. The provisions of Charter Section 579.1 specifically permit the Council to act by resolution to limit, restrict and to change the operation of any property for park purposes and to terminate the use or operation of any property for park purposes. 4. The City Council has submitted undisputed evidence that February 5, 2013 Renaming Resolution was approved and ratified by the Mayor of Memphis. In support of this Motion, the City of Memphis and the Memphis City Council rely on their Memorandum of Law, Rule 56.03 Statement of Undisputed Material Facts and Exhibits thereto, the Affidavit of AC Wharton Jr., and the entire record in this cause. WHEREFORE, PREMISES CONSIDERED, Defendants, the City of Memphis and the Memphis City Council, respectfully request that this Court enter an Order granting Summary Judgment in Defendants’ favor on all remaining claims by Plaintiff, Respectfity stbmitted, CaN By: yaa ALLANY. WADE (4339) BRANDY S. PARRISH (21631) Allan J. Wade, PLLC ‘One Commerce Square, Suite 2275 Memphis, Tennessee 38103 (901) 322-8005 awade@thewadefirm.com bparrish@thewadefirm.com 2CERTIFICATE OF SERVICE I certify that [ forwarded 2 copy of the foregoing document to the following individuals by electronic means of filing with this Court; or for documents filed manually and for those for whom the Court records show do not receive the electronic transmission, then by U.S. mail, postage prepaid, this the 30th day of August 2016: Douglas E. Jones r~ 501 Union Street, Suite 701 fa Nashville, TN 37219-0676 ae J Brandy S. Parrish