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E. SEVIER CTY. UTILITY DIST. v. WACHOVIA BANK

570 S.W.2d 850 (1978)

EAST SEVIER COUNTY UTILITY DISTRICT OF SEVIER COUNTY, Tennessee, Petitioner-Plaintiff, v. WACHOVIA BANK & TRUST COMPANY et al., Defendants-Respondents.

Supreme Court of Tennessee.

July 24, 1978.

Attorney(s) appearing for the Case

Harold E. Rogers, Jr., San Francisco, Cal., Jerome Templeton, Knoxville, for petitioner-plaintiff.

John B. Waters, Jr., Sevierville, James K. Giffen, Knoxville, Victor F. Schneider, James H. Boswell, Jackson, J. William Myers, Newport, Ralph Lowe, Atlanta, Ga., Frank B. Bird, Maryville, Fred L. Myers, Newport, for defendants-respondents.

OPINION

HARBISON, Justice.

This action was brought up by a Utility District against some 1600 defendants who owned lots or held mortgages in a real estate subdivision known as English Mountain Resort Community. The original plaintiff, petitioner here, sought judgments for accrued water and sewerage charges and a declaratory judgment with respect to the priority of its asserted liens over liens of deeds of trust on the lots.

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