[DOWNLOAD] "Mary Ann Vollmer v. City Memphis" by at Jackson Supreme Court of Tennessee " Book PDF Kindle ePub Free

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• Title: Mary Ann Vollmer v. City Memphis
• Author : at Jackson Supreme Court of Tennessee
• Release Date : January 14, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

O'BRIEN, JUSTICE. This suit in the nature of a Quo Warrantor proceeding has a long and extensive history. In December 1984 the plaintiffs filed
a complaint challenging the validity of an ordinance proposed by the City of Memphis to annex and include within its corporate
limits certain adjacent areas, including the town of Cordova, in Shelby County, Tennessee. The constitutional issue raised
in the complaint was that the annexing ordinance violated Article 1, § 1 and Article 11, § 16 of the Tennessee
Constitution. A motion for summary judgment filed by the plaintiffs was granted in the trial court. The chancellor declared
T.C.A. § 6-51-102, dealing with annexation by ordinance, unconstitutional in its entirety, and held the annexation
ordinance passed by the City of Memphis to be void. The defendant city and its officials, joined by the State Attorney General,
sought review by direct appeal to this Court. This Court held that only the provisions of Chapter 522, Public Acts of 1981,
codified as § 6-51-102(a)(2)(A) thru (K), with the exception of sub-section (a)(2)(J)(v), were unconstitutional
and so were to be stricken from the statute. The court ruled that the chancellor did not pass upon the Quo Warrantor issue
as raised by the plaintiffs and remanded the cause for that purpose. 1

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