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STATE EX REL. MORETZ v. CITY OF JOHNSON CITY

581 S.W.2d 628 (1979)

STATE of Tennessee ex rel. Barbara MORETZ et al., Appellants, v. CITY OF JOHNSON CITY, Tennessee, et al., Appellees.

Supreme Court of Tennessee.

March 26, 1979.

Attorney(s) appearing for the Case

Kent Herrin, Johnson City, for appellants.

James H. Epps, III, Powell & Epps, Johnson City, for appellees.

OPINION

ALLISON B. HUMPHREYS, Special Justice.

Petitioners brought suit under T.C.A. §§ 6-309, 310, in the nature of a quo warranto proceeding, T.C.A. § 23-2801, et seq., to test the validity of a Johnson City ordinance annexing a contiguous area of land on which petitioners resided. The primary contention, which we shall notice first, is that annexation is not necessary for the health, safety, and welfare of the residents and property...

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