THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY v. MICHAEL MYERS ET AL. - Articles

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Posted by: Tanja Trezise on Apr 23, 2013

Court: TN Court of Appeals

Attorneys 1:

Phillip L. Davidson, Nashville, Tennessee, for the appellants, Michael Myers and Diane Lewis d/b/a Champion Towing (a/k/a City Towing & Transport) and d/b/a All Around Towing.

Attorneys 2:

Kathryn S. Evans, Cynthia E. Gross, and Jason P. Bobo, Nashville, Tennessee, for the appellee, The Metropolitan Government of Nashville and Davidson County.

Judge(s): CLEMENT

Defendants appeal from an order of the trial court enjoining them from operating a wrecker service in Davidson County without a license. The trial court found that the ordinances at issue applied to Defendants’ wrecker services and that Defendants violated the provisions of the Metropolitan Code of Laws by their operation of a wrecker service without a license in Davidson County. The trial court also rejected Defendants’ arguments that the ordinances were preempted by federal law and violated the equal protection guarantees of the United States and Tennessee Constitutions. The trial court then enjoined Defendants from operating a wrecker service in Davidson County. We affirm the trial court in all respects.

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