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Posted by: Tanja Trezise on Feb 20, 2015

Court: TN Court of Appeals

Attorneys 1:

Allan Jerome Wade and Brandy S. Parrish, Memphis, Tennessee, for the appellant, City of Memphis.

Attorneys 2:

Kirk A. Caraway, John R. Hensley, II, Marcy Ingram, and Virginia P. Bozeman, Assistant Shelby County Attorney, Memphis, Tennessee, for the appellee, Shelby County, Tennessee.

Judge(s): GIBSON

The ultimate issue in this lawsuit is how much of the electric and gas tax equivalent payments made by MLGW to the City of Memphis must be shared with Shelby County. The City claimed that it overpaid Shelby County in electric tax equivalents in recent years, while Shelby County claimed that it was underpaid in gas tax equivalents. The trial court found that the City paid the correct amount of electric tax equivalent payments for the years in question and rejected the City’s claim for damages for alleged overpayment. The trial court found that Shelby County was not entitled to a share of the gas tax equivalent payments for the years in dispute and rejected its claim for alleged underpayment. Accordingly, the trial court denied both parties’ claims for monetary damages. The trial court resolved the parties’ requests for declaratory and injunctive relief by declaring the manner and method of payment of the tax equivalents in the future. Both parties raise issues on appeal. For the following reasons, we affirm and remand for further proceedings.