City of Harriman v. Roane County Election Comm'n, et al.
Annotate this CaseTwo municipalities, Kingston and Harriman, sought to annex the same territory outside the urban growth boundaries for both municipalities set forth in the county's growth plan. Harriman attempted to annex the territory by proposing an amendment to the county growth plan and enacting an ordinance annexing the territory. Kingston then annexed the territory by an annexation referendum. More than a week before the referendum, Harriman filed a complaint in chancery court seeking to hold Kingston's annexation referendum in abeyance while Harriman's annexation proceedings were pending. The chancery court held that Harriman's annexation ordinance was void and created no conflict with Kingston's successful annexation of the same territory by referendum. The court of appeals reversed, and Kingston appealed. The Supreme Court held that Tenn. Code Ann. 6-58-111(d)(1) does not permit a municipality to annex territory outside its urban growth boundary by ordinance. The Court reversed the judgment of the appellate court and reinstated the chancery court's order dismissing the case.
Court Description: Two municipalities sought to annex the same territory outside the urban growth boundaries for both municipalities set forth in the county s growth plan. One municipality attempted to annex territory that was not within its urban growth boundary by proposing an amendment to the county growth plan and enacting an ordinance annexing the territory. A second municipality annexed the same territory by an annexation referendum pursuant to Tennessee Code Annotated sections 6-51-104 to -105 and 6-58-111(d)(2). We granted permission to appeal in this case to address the application of Tennessee Code Annotated sections 6-58-101 to -116 to these municipalities annexation efforts. After considering the related statutes, we hold that Tennessee Code Annotated section 6-58-111 requires an amendment to the county growth plan for a municipality to effect an annexation of territory beyond its urban growth boundary by ordinance. We reverse the judgment of the Court of Appeals and reinstate the chancery court s order dismissing the case.
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