SUSAN E. RICH ET AL. v. THE CITY OF CHATTANOOGA ET AL. - Articles

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Posted by: Tanja Trezise on Apr 17, 2014

Court: TN Court of Appeals

Attorneys 1:

John P. Konvalinka and David C. Higney, Chattanooga, Tennessee, for the appellants, Susan E. Rich, Janis S. Burger, and Carole Klimesch.

Attorneys 2:

Phillip A. Noblett and Keith J. Reisman, Chattanooga, Tennessee, for the appellee, City of Chattanooga.

J. Christopher Clem, Chattanooga, Tennessee, for the appellees, Hamilton County Election Commission and Commissioners.

Judge(s): FRIERSON

This case presents the issue of whether citizens who reside on real property that is proposed for deannexation by a municipal ordinance may, pursuant to Tennessee Code Annotated § 6-51-201 (2011), properly bring a quo warranto or declaratory judgment action against the municipality to challenge adoption of the deannexation ordinance. The trial court dismissed these claims against the municipality, and the plaintiffs have appealed. The plaintiffs have also taken issue with the propriety of the trial court’s determination regarding who would be qualified to vote in the referendum election, as well as other procedural and evidentiary issues. Discerning no error, we affirm the decision of the trial court.

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