City of Harriman v. Roane County Election Comm’n, et al.

by
Two municipalities, Kingston and Harriman, sought to annex the same territory outside the urban growth boundaries for both municipalities set forth in the county's growth plan. Harriman attempted to annex the territory by proposing an amendment to the county growth plan and enacting an ordinance annexing the territory. Kingston then annexed the territory by an annexation referendum. More than a week before the referendum, Harriman filed a complaint in chancery court seeking to hold Kingston's annexation referendum in abeyance while Harriman's annexation proceedings were pending. The chancery court held that Harriman's annexation ordinance was void and created no conflict with Kingston's successful annexation of the same territory by referendum. The court of appeals reversed, and Kingston appealed. The Supreme Court held that Tenn. Code Ann. 6-58-111(d)(1) does not permit a municipality to annex territory outside its urban growth boundary by ordinance. The Court reversed the judgment of the appellate court and reinstated the chancery court's order dismissing the case. View "City of Harriman v. Roane County Election Comm'n, et al." on Justia Law