State of Tennessee ex rel Claude Cain, et al v. City of Chuch Hill, Tennessee

Case Number
E2007-00700-COA-R3-CV

 

The State of Tennessee, proceeding on relation of six individuals and one entity (who, for ease of reference, will collectively be referred to as “the plaintiffs”), sought mandamus in 2002 to force the City of Church Hill (“the City”) to extend a sewer line to the individuals’ homes. The individuals are residents of a neighborhood in Hawkins County that was annexed by the City in 1988. They claim that the City failed to adhere to the plan of services adopted as part of the annexation process, and that the plaintiffs are therefore entitled to mandamus under Tenn. Code Ann. § 6-51-108 (2005). The plan of services adopted in 1988 states that “[a] sanitary sewer system will be provided as soon as economically feasible.” The trial court granted the plaintiffs summary judgment, finding that the long delay in installing a sewer system, which continued at the time of trial, was unreasonable, and that there were no disputed issues of material fact preventing the court from granting mandamus under § 6-51-108. However, the court ordered a trial on the issue of how quickly the City could reasonably install the sewer line. At the conclusion of this limited-purpose trial, the court ordered the City to extend sewer service to the plaintiffs within 16 months. The City appeals. We vacate the trial court’s grant of summary judgment and remand for further proceedings.

Authoring Judge
Judge Charles D. Susano, Jr.
Originating Judge
Judge Kindall T. Lawson
Case Name
State of Tennessee ex rel Claude Cain, et al v. City of Chuch Hill, Tennessee
Date Filed
Dissent or Concur
No
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