FORKED DEER ELEC. CO-OP., INC. v. RIPLEY


883 S.W.2d 582 (1994)

FORKED DEER ELECTRIC COOPERATIVE, INC., Plaintiff-Appellant, v. The CITY OF RIPLEY, Tennessee and its Mayor, Rozell Criner, and Aldermen, L.W. Poston, Jr., Tommy Dunavant, Jon Pavletic, Richard Douglas, Charlie Moore, and Pete Lawrence; Ripley Power and Light Company and its directors, Jim Sealey, Tommy Dunavant, and Samuel C. Lee; the Town of Halls, Tennessee, and its Mayor, Randall Harris, and Aldermen, Eugene Pugh, Stan Young, Mack Stanley, Barry Britt, Noel Sherrod, and James Tyus; James Lowery and wife, Iris Lowery, Defendants-Appellees.

Supreme Court of Tennessee, at Nashville.

August 22, 1994.


Attorney(s) appearing for the Case

Clark H. Tidwell and William T. Cheek, III, Lassiter, Tidwell, & Trentham, Nashville, for plaintiff-appellant.

Frank S. King, Jr., King & Ballow, Nashville, for defendants-appellees.


OPINION

DROWOTA, Justice.

Pursuant to Rule 23 of the Rules of the Tennessee Supreme Court, the United States Court of Appeals for the Sixth Circuit has certified the following question to this Court:

Was it appropriate for the trial court to modify the compensation formula contained in Tenn. Code Ann. § 6-51-112(a)(2), when determining just compensation for the "taking" of an electric cooperative by a municipality?

This Court has accepted...

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