SHELBY COUNTY
ENVIRONMENTAL COURT

The Shelby County Environmental Court serves the people of Memphis and Shelby County, Tennessee. In 1983, the City of Memphis created a new division of City Court to handle violations of its health, fire, building, and zoning codes. The Court dealt with these issues successfully, but, due to a unique Tennessee Constitutional limitation, could only enforce authority with fines of $50 per day. 

In 1991, the Tennessee Legislature created the Shelby County Environmental Court and gave it the authority to issue injunctive orders in aid of its jurisdiction. The Court could now order compliance with the law, both to remedy the problem at hand, and to prevent future violations from arising. If defendants disobey the Court’s orders, they may be held in contempt of court, with the potential of a ten day jail sentence.

 The Honorable Larry E. Potter was the original Memphis Environmental Court Judge, and remains the Judge of the Shelby County Environmental Court. Prior to his appointment as Judge, he served both as a prosecutor in and Chief Public Defender. Serving the second Environmental Court established in the nation, Judge Potter is recognized as an innovator and has helped in the establishment of dozens of similar courts nationwide.

 Assisting Judge Potter in the office of the Environmental Court are John Cameron and Brenda Shands. John is the Staff  Attorney and Referee for the Court and sits in the Judge’s place over traffic matters that are brought to the Court, but can also sit for Environmental cases if necessary. Brenda serves as Environmental Court Advisor, coordinating all offices activities and generally making sure every thing goes according to plan.

In addition to the office staff, the District Attorney General provides three prosecutors to present violations do the Court. These violations are themselves cited or sworn out by inspectors and officers of the Memphis and Shelby County Health Department, the Memphis Housing Department, the Memphis Fire Department Anti-Neglect Division, Memphis Animal Services, Shelby County Construction Code Enforcement, the Tennessee Wildlife Resource Agency, the Memphis Police Department, the Tennessee State Park Police, and private citizens.

The Shelby County Environmental Court hears a variety of cases related to quality of life in Memphis and Shelby County, Tennessee.  These types of cases arise out of the City of Memphis Code of Ordinances, the Shelby County Code of Ordinances, and the Tennessee Code

 City of Memphis Ordinance cases include, but are not limited to:

 Housing Code Violations are brought by Housing Code Enforcement and deal with residential properties that do not meet the minimum standards set for the health and safety of the both residents and neighbors. Such properties may be in a state of disrepair or may have an accumulation of trash and debris, among other potential violations. These violations are found beginning at § 48-1 of the Memphis Ordinance Code.

Fire Code Violations are brought by the Fire Department Anti-Neglect Department and generally involve commercial structures that are in danger of collapse or otherwise present fire hazards. These violations are found beginning at §48-215 of the Memphis Ordinance Code.

 Health Code Violations are brought by the Health Department Inspectors and involve problems related to rat and mosquito harborage (including old tires and accumulated junk), tuberculosis and other infectious disease control, sewage outcroppings, defective plumbing, and violations related to improper food preparation. These violations are found in §16 of the Memphis Ordinance Code.

 Animal Code Violations are brought by Memphis Animal Services Officers and involve violations related to licensing and vaccinations of animals, cruelty to animals, dangerous dog declarations, and animals running at large. These violations are found in §5 of the Memphis Ordinance Code.              

Memphis Police Department and Citizen Initiated Violations are brought by police officers and citizens under §16-492 of the Memphis Ordinance Code, which permits  the police and/or citizens willing to appear as witnesses to cite persons to court for littering, nuisances, or permitting urban blight.

 Shelby County Ordinance cases include, but are not limited to:

 Construction and Zoning Code Violations are brought by Shelby County Code Enforcement and include businesses operating without proper license and inspection certificates, illegal sign violations (including advertising and political signs), defective and/or unpermitted additions to houses or businesses, and activities prohibited in certain zones, such as auto repair in a residential zone. These violations are found in Appendix A of the Shelby County Ordinance Code.

 Traffic Violations are brought by Shelby County Sheriff’s Deputies and are found in §20 of the Shelby County Ordinance Code. Any traffic citation issued by a Sheriff’s Deputy is sent to the Environmental Court.    In 2009, the Court heard over 40,000 traffic violations.

 Sheriff’s Department and Citizen Initiated Violations are brought under §28-82 of the Shelby County Ordinance Code, which permits sheriff’s deputies and/or citizens willing to appear as witnesses to cite persons to court for littering, nuisances, or permitting urban blight.

 Tennessee Code cases include, but are not limited to:

 §29-3-101 Nuisances are civil actions brought by the District Attorney General’s office in conjunction with the police and sheriff’s departments. These cases involve businesses, residences, and apartment complexes where enough illegal activities are going on for the Court to declare them a public nuisance. Upon doing so, the property may be shut down until such time as the owner can assure that the illegal activities will not continue.

 §13-6-101 Neighborhood Preservation Actions are civil actions whereby an interested party may sue the owner of a vacant property that is in such a state that it is a blighting influence on neighboring properties. These actions may be for damages in the amount the neighboring property’s value is diminished by the blighted property, or for an order to have the property brought into compliance with the standards set by the Memphis Code. If the property owner cannot or will not bring the property up to the standard, the Court may appoint a receiver to fix up the property. Citizens wanting to file one of these actions should consult an attorney.

 Wildlife Code Violations are Tennessee Criminal Violations brought by officers of the Tennessee Wildlife Resources Agency. These cases include hunting, boating, and fishing violations and are found in Title 70 of the Tennessee Code.

This house was a disaster area before the court intervened.

Under the continuous leadership of Larry Potter, The Shelby County Environmental Court serves as a model for other courts throughout the United States. The people of Memphis and Shelby County should feel proud of the prototypical role that our court has played in the development of the American environmental court system.

More importantly, we should recognize the substantial environmental achievements made by the Court during its relatively short existence. As evidenced by dramatic increases in both the number of environmental complaints and the effective actions taken against those complaints, departmental inspectors and citizens no longer battle a system that is incapable of following through on their recommendations and needs.

Judge Potter has also been supportive of several initiatives to increase compliance with environmental codes in Memphis and Shelby County. Judge Potter, in cooperation with Keep America Beautiful, assists other areas in establishing an environmental court.

The Shelby County Environmental Court is an example of the American system at its best -- a unique partnership between local government and the community that solves old problems with innovative, new solutions. Thanks to the Court, the environmental consciousness of Memphis and Shelby County is thriving and we are well on our way to providing our children the legacy of a better place to live.

This is the same house after court intervention.

If you live in Shelby County and you
have an environmental concern, you can
contact one of the following offices: