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Annexation lawsuit returned to Chancery Court

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 trial court.

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