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STATE EX REL. HORNKOHL v. TULLAHOMA

746 S.W.2d 199 (1987)

STATE of Tennessee ex rel. James O. HORNKOHL, Chris Heikkinen, Rebecca Heikkinen, Vernon W. Branch, Linda L. Branch, Olwen M. Storey, Alfred D. Phillips, and Judith G. Phillips, Plaintiffs/Appellants, v. CITY OF TULLAHOMA, Tennessee, a municipal corporation, and George Orr, Beth Bryant, Howard K. Tucker, Steve Cope, James Shelton, Pat Welsh, and Wallace McDowell, in their official capacities as Mayor and Aldermen of the City of Tullahoma, Defendants/Appellees.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied February 29, 1988.

Attorney(s) appearing for the Case

Robert S. Peters, Swafford, Peters & O'Neal, Tullahoma, for plaintiffs/appellants.

Stephen M. Worsham, Robertson, Worsham, Moore & Hedges, James H. Henry, Henry & McCord, Tullahoma, for defendants/appellees.

Permission to Appeal Denied by Supreme Court February 29, 1988.

OPINION

KOCH, Judge.

This appeal stems from the City of Tullahoma's decision to annex property located in Franklin County. Several Franklin County residents filed an action in the Circuit Court for Franklin County challenging the annexation of their property. The City of Tullahoma moved to dismiss on the basis that it could be sued only in the courts of Coffee County. The trial court...

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