Assigned on Briefs October 2, 2017
from the Circuit Court for Montgomery County No.
MC-CC-2017-CV-280 Ross H. Hicks, Judge
court dismissed the plaintiff's complaint due to its
failure to state a claim, pursuant to Rule 12.02(6) of the
Tennessee Rules of Civil Procedure. Plaintiff appeals. We
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Mardoche Olivier, Clarksville, Tennessee, Pro Se.
Baker, D. Mark Nolan, and Kathryn W. Olita, Clarksville,
Tennessee, for the appellee, City of Clarksville, Tennessee.
Darrick Lee O'Dell, Nashville, Tennessee, for the
appellee, Travis Excavating.
Richard H. Dinkins, J., delivered the opinion of the court,
in which D. Michael Swiney, C.J., and J. Steven Stafford,
P.J., W.S., joined.
MEMORANDUM OPINION 
RICHARD H. DINKINS, JUDGE
appeal, Mardoche Olivier appeals the dismissal of a suit he
filed in Montgomery County Circuit Court on February 9, 2017,
naming Travis Excavating, Mike Baker, Lance Baker, Mayor Kim
McMillian, and the City of Clarksville as defendants. Mr.
Olivier sought to recover for the alleged destruction of his
real and personal property under various theories, including
inverse condemnation, conversion, civil rights violations,
violations of the Tennessee and United States constitutions,
emotional distress, racketeering and
trial court dismissed the complaint sua sponte on
five grounds: (1) failure to comply with Tennessee Rule of
Civil Procedure 8.01; (2) that the City of Clarksville was
immune from suit under the Governmental Tort Liability Act;
(3) that Mr. Olivier failed to allege essential elements of
his claim; (4) that the action was time-barred in that it was
essentially an appeal of a decision the Clarksville Building
and Codes Department made to demolish a structure on his
property on April 12, 2016, and should have been filed within
sixty days thereof; (5) certain of Mr. Olivier's claims
were barred by res judicata; and (6) pursuant to
Tennessee Rule of Civil Procedure 12.02(5) for failure to
serve the individual defendants and Rule 12.02(6) for failure
to state a claim for relief as to Travis Excavating. Mr.
Olivier filed a motion for additional findings of fact, which
the trial court denied, stating that the six-page order of
dismissal "contains all the findings and conclusions
this Court intends to make in the matter."
Olivier appeals, stating the sole issue for our review as
follows: "Whether the court erred when it dismissed Mr.
Olivier pro se complaint against City of Clarksville under
rule 12.02(6) failure to state a claim-involuntary dismissal
of pro se complaint."
considering an appeal from a trial court's dismissal of a
complaint pursuant to Rule 12.02(6) of the Tennessee Rules of
Civil Procedure, the Court takes all allegations of fact in
the complaint as true, and reviews the trial court's
legal conclusions de novo with no presumption of
correctness. Tenn. R. App. P. 13(d); Owens v. Truckstops
of America, 915 S.W.2d 420, 424 (Tenn. 1996). "The
failure to state a claim upon which relief can be granted is
determined by an examination of the complaint alone."
Cook v. Spinnaker's of Rivergate. Inc., 878
S.W.2d 934, 938 (Tenn. 1994). "The basis for the motion
is that the allegations contained in the complaint,
considered alone and taken as true, are insufficient to state
a claim as a matter of law." Id. In considering
a motion to ...