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VOLLMER v. CITY OF MEMPHIS

792 S.W.2d 446 (1990)

Mary Ann VOLLMER, Coy N. Haraway, Pamela B. Asa, Barbara E. Prink and Jon Buhler, Plaintiffs/Appellants, v. CITY OF MEMPHIS, A Municipal Corporation; Richard Hackett, Mayor; Members of the Memphis City Council, Patricia Vander Schaaf, Bill Gibbons, Oscar H. Edmonds, Barbara Sonnenburg, A.D. Alissandratos, Minerva Johnican, Jack Owens, Billy Hyman, Bill Davis, Michael J. Hooks, Robert B. James, Dr. James W. Ford, J.O. Patterson, Jr.; and Shelby County Election Commission, O.C. Pleasants, Gerald Gaia, Ann J. Weldon, Carl Moore and James E. Smith, As Commissioners, Defendants/Appellees.

Supreme Court of Tennessee, at Jackson.

Rehearing Denied July 2, 1990.

Attorney(s) appearing for the Case

R. Lee Winchester and Richard L. Winchester, Jr., Memphis, for plaintiffs/appellants.

Charles W. Burson, Atty. Gen. and Reporter, Jim G. Creecy, Chief Sp. Counsel, Nashville, and Leo Bearman, Jr., Memphis, for defendants/appellees.

OPINION

O'BRIEN, Justice.

This suit in the nature of a Quo Warranto proceeding has a long and extensive history. In December 1984 the plaintiffs filed a complaint challenging the validity of an ordinance proposed by the City of Memphis to annex and include within its corporate limits certain adjacent areas, including the town of Cordova, in Shelby County, Tennessee. The constitutional issue raised in the complaint was that the annexing ordinance violated...

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