ELECTRIC POWER BD. v. MTEMC


841 S.W.2d 321 (1992)

ELECTRIC POWER BOARD OF the METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, Plaintiff/Appellant, v. MIDDLE TENNESSEE ELECTRIC MEMBERSHIP CORPORATION, City of Mt. Juliet, and its Mayor Ed Binkley and its Commissioners, Wayne Crawford, Frank Henderson, James L. Page, Fred Weston, Defendants/Appellees.

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

Permission to Appeal Denied August 24, 1992.

Petition to Rehear Denied October 26, 1992.


Attorney(s) appearing for the Case

Cecil D. Branstetter, Donald L. Scholes, Eugene W. Ward, Gen. Counsel, Nashville Elec. Service, Nashville, for plaintiff/appellant.

James C. Cope, Darrell L. Scarlett, Murfreesboro, for defendant/appellee Middle Tennessee Elec. Membership Corp.

James L. Fuqua, Jr., Hendersonville, for defendants/appellees City of Mt. Juliet, Mayor Ed Binkley, Commissioners Wayne Crawford, Frank Henderson, James L. Page and Fred Weston.


Permission to Appeal Denied by Supreme Court August 24, 1992.

OPINION

CANTRELL, Judge.

The primary issue in this case is whether a municipality may, by ordinance, grant an electric utility a franchise covering the territory within the municipality served by another electric utility. The chancellor granted summary judgment to the city. We conclude that, on the issues raised in this case, the chancellor was in error.

I.

The Electric...

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