2020 Tennessee Code
Title 69 - Waters, Waterways, Drains and Levees
Chapter 11 - Dams
§ 69-11-119. [reserved.]

Universal Citation: TN Code § 69-11-119 (2020)
  1. When there is reason to believe that a person is violating, is about to violate, or has violated any of this chapter or any certificates or orders issued under this chapter, the commissioner may institute proceedings in the chancery court of Davidson County or the county in which the alleged violation occurred for injunctive relief to prevent continuance of such action or to correct the conditions resulting in or about to result from the violation, or both. The court shall grant the injunction without the necessity of showing a lack of adequate remedy at law upon a showing by the commissioner that such person is violating, is about to violate, or has violated one (1) or more of the provisions of this chapter. In such suits, the commissioner may obtain permanent or temporary injunctions, prohibitory or mandatory, and restraining orders.
  2. The commissioner may bring suit for injunctive enforcement of any order made by the commissioner when such order has become final and such person has failed to comply with the order. In such suits, all findings of fact contained in the order and complaint shall be deemed to be final, and not subject to review except as to receipt of notice of the order, but the defendant may proffer evidence showing that the defendant has in fact complied with the commissioner's order. The order made by the commissioner in such cases shall be prima facie reasonable and valid, and it shall be presumed that the commissioner has complied with all requirements of the law.
  3. Any suit for an injunction brought by the commissioner shall be filed in the chancery court of Davidson County or the county in which all or a part of the violation is or is about to occur, in the name of the department, by the district attorney general at the direction of the commissioner and under the supervision of the attorney general and reporter. Such proceedings shall not be tried by jury.
  4. Appeals from judgments or decrees of the chancery court in proceedings brought under this chapter shall lie to the court of appeals despite the fact that controverted questions of fact may be involved.

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