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STATE EX REL. KESSEL v. ASHE

888 S.W.2d 430 (1994)

STATE of Tennessee, ex rel. Dwight KESSEL, Plaintiff-Appellant, v. Victor ASHE, and the Knoxville City Council, Ed Shouse, Ed Bailey, Gary Underwood, Jean Teague, Ivan Harmon, Carlene Malone, Larry Cox, and William V. Powell, Jr., Members of the Knoxville City Council, Defendants-Appellees.

Supreme Court of Tennessee, at Knoxville.

October 31, 1994.

Attorney(s) appearing for the Case

Michael W. Moyers, Senior Deputy Law Director for Knox County, Knoxville, for plaintiff-appellant.

Thomas A. Varlan, Law Director for the City of Knoxville, Debra C. Poplin, Asst. City Atty., Knoxville, for defendants-appellees.

OPINION

DROWOTA, Justice.

In this action contesting an annexation ordinance, the plaintiff Knox County appeals from the Court of Appeals' judgment reversing the trial court's denial of the defendant City of Knoxville's motion to dismiss — which alleged that the County lacked standing to contest the ordinance. This appeal presents a single issue for our determination: whether the County's interest in certain roadways located within the territory...

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