State of Tennessee Ex Rel. Mark B. Garrett v. City of Norris, Tennessee

Case Number
E2013-02355-COA-R3-CV

This appeal arises from a challenge to an annexation ordinance. The City of Norris, Tennessee (“Norris”) passed two annexation ordinances on the same day. The second territory to be annexed was contiguous to the city only through bordering the territory annexed earlier that same day. Mark B. Garrett (“Garrett”), a property owner in the second annexed territory, sued Norris in the Chancery Court for Anderson County (“the Trial Court”) in a bid to stop the annexation of this second territory (“the Territory”). The Trial Court eventually voided the annexation of the Territory on the basis that the Territory was not contiguous to the city. Norris appeals. We hold, inter alia, that the annexation ordinance purporting to annex the Territory is void because at the time of the passage of the annexation ordinance, the first annexation was not yet operative and the Territory, therefore, was not contiguous to the city as required by law. We affirm the Trial Court.

Authoring Judge
Judge D. Michael Swiney
Originating Judge
Chancellor William Lantrip
Case Name
State of Tennessee Ex Rel. Mark B. Garrett v. City of Norris, Tennessee
Date Filed
Dissent or Concur
No
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