Town of Huntsville, Tennessee, a Municipal Corporation of the State of Tennessee, and Stanlodge, LLC., v. William I. Duncan, Richard Smith, Luke Coffey, James R. Potter

This litigation originated when the Town of Huntsville (“Huntsville”) and Stanlodge, LLC (“Stanlodge”), filed suit challenging the constitutionality of Chapter 1101 of the Public Acts of 1998. The plaintiffs specifically contest Section 9(f)(3)1 of Chapter 1101, which permits certain territoriesto hold incorporation elections even though these territories do not satisfy the minimum requirements for such elections as set forth in the general law. See T.C.A. § 6-1-201 (1998). On cross motions for summary judgment, the trial court granted summary judgment to the defendants, finding that Section 9(f)(3) is constitutional. Huntsville and Stanlodge appeal, raising   five issues: