Amy Frogge v. Shawn Joseph - Concurring

Syllabus

W. Neal McBrayer, J., concurring.This is an appeal from the chancery court's grant of summary judgment to the plaintiffs, elected officials who serve on the Metropolitan Nashville Board of Public Education (\the Board\). In response to the motion for summary judgment, the defendants, the Board and Metro's former director of schools, Dr. Shawn Joseph, relied on arguments they made in unsuccessful motions to dismiss. Although the majority reviews and rejects the defendants' arguments that the plaintiffs lacked standing and that their claims were not ripe, the court does not review the grant of summary judgment. I agree with the court's conclusions on both standing and ripeness. But I write separately because the scope of the court's review was too narrow.