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H. I. Saylors Et Al. v. City Jackson

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eBook details

  • Title: H. I. Saylors Et Al. v. City Jackson
  • Author : Supreme Court of Tennessee
  • Release Date : January 27, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

FONES, Justice. Plaintiffs, appellants here, brought suit in the nature of a quo warrantor proceeding to contest the validity of an annexation ordinance of the City of Jackson pursuant to T.C.A. § 6-310. The Chancellor initially rendered a decree holding that the issue of the reasonableness of the annexation was fairly debatable and hence under the applicable law the ordinance was valid. Subsequently, this Court held in City of Kingsport v. State, ex rel. Crown Enterprises, 562 S.W.2d 808 (Tenn.1978), that the fairly debatable standard utilized in prior cases had been superseded by a legislative amendment to T.C.A. § 6-310, which placed the burden of proof in an annexation contest on the annexing municipality. In response to Kingsport, the Chancellor, on defendant's motion, amended his decree to conform with the standard enunciated by this Court. The primary issue in this appeal is whether the Chancellor erred in amending his decree and finding that the annexation complied with the Kingsport guidelines.


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