|Published: 8:28 PM, 06/21/2013
||Last updated: 8:29 PM, 06/21/2013
Author: Nelson Morais
Source: The Newport Plain Talk
NEWPORT-The Tennessee Appeals Court has sent back to
Cocke County Chancery Court an annexation for deeper review.
According to the Appeals' Court Website, in its ruling in
State of Tennessee ex rel Paul Allen, et al versus The City of Newport, the
City of Newport sought to annex certain properties along a stretch of West
Highway 25/70 in Cocke County.
A number of affected parties objected to the annexation
and filed a complaint against the city. The trial court allowed the plaintiffs
to amend their complaint to allege that the City was barred from annexing their
properties because it had defaulted on a prior plan of services from an earlier
annexation. The City filed a motion to dismiss. The trial court granted the
City's motion on the ground that the statutory amendments on which the
plaintiffs relied to support their claim could not be retroactively applied.
The plaintiffs appealed, and the Appeals Court reversed the judgment of the
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