ANNEXATION - TENNESSEE

Rich v. City of Chattanooga

Court of Appeals of Tennessee - April 17, 2014 - Slip Copy - 2014 WL 1513349

The City of Chattanooga proposed to deannex thirty-six residential lots, pursuant to Tennessee Code Annotated § 6–51–201(b).

At issue in this case was 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 Court of Appeals held that quo warranto relief is not available in cases where referendum elections serve as the check on the governmental exercise of deannexation power via ordinance.

 



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