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KNOX CTY. EX REL. KESSEL v. LENOIR CITY

837 S.W.2d 382 (1992)

KNOX COUNTY, ex rel. Dwight KESSEL, County Executive, Plaintiff-Appellant, v. LENOIR CITY, TENNESSEE; Lenoir City Utilities Board, Robert S. McCurry, Alice Clayton, Timothy Denton, William Cheatham, Thomas McNabb, Idus Conner and Gerald Hamby, Defendants-Appellees.

Supreme Court of Tennessee, at Knoxville.

July 27, 1992.

Attorney(s) appearing for the Case

Michael S. Ruble, Deputy Law Director, Knoxville, for plaintiff-appellant.

Robert B. Littleton, Nashville, Terry Vann, Alfred L. Hathcock, Jr., Robert G. Hinton, Lenoir City, for defendants-appellees.

OPINION

DAUGHTREY, Justice.

In this appeal, we are asked to declare unconstitutional a private act passed in 1970 that governs distribution of tax-equivalent payments on property owned by the Lenoir City Utilities Board. The utility provides electric service both in Loudon County (where Lenoir City is located) and in portions of adjacent Knox County. Under the terms of Chapter 205 of the Private Acts of 1970, the entire amount of the tax-equivalent payments...

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