MILCROFTON UTILITY DISTRICT OF WILLIAMSON COUNTY, TENNESSEE v. NON POTABLE WELL WATER, INC. ET AL. - Articles

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MILCROFTON UTILITY DISTRICT OF WILLIAMSON COUNTY, TENNESSEE v. NON POTABLE WELL WATER, INC. ET AL.

Posted by: Karen Belcher on May 10, 2019

Head Comment: With dissenting opinion by Stafford

Court: TN Court of Appeals

Attorneys 1:

Michael J. Wall, Benjamin A. Gastel, and Daniel Patrick Hull, Nashville, Tennessee, for the appellant, Milcrofton Utility District of Williamson County, Tennessee.

Attorneys 2:

Phillip B. Jones, Nashville, Tennessee, for the appellees, Non Potable Well Water, Inc., and John Powell.

Ryan L. McGehee, and Kelly Cashman Grams, Nashville, Tennessee, for the appellee, Tennessee Public Utility Commission.

Judge(s): ARMSTRONG

Appellant, a public utility, appeals the Davidson County Chancery Court’s dismissal of its complaint for declaratory judgment and injunctive relief for lack of subject matter jurisdiction. Appellant argues that it has an exclusive right to provide water service under Tennessee Code Annotated section 7-82-301 and that Appellee is usurping its exclusive right by providing water to residents of a subdivision within Appellant’s service area. Because the gravamen of Appellant’s complaint is to maintain its exclusive franchise by the grant of injunctive relief prohibiting Appellee from providing water service, the case does not fall within the purview of Tennessee Code Annotated section 4- 5-225. As such, we affirm the trial court’s conclusion that it does not have subject matter jurisdiction over the case.

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