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NOLICHUCKEY SAND CO., INC. v. HUDDLESTON

896 S.W.2d 782 (1994)

NOLICHUCKEY SAND CO., INC., Plaintiff-Appellant, v. Joe HUDDLESTON, Commissioner of Revenue, State of Tennessee, and Greene County, Tennessee, Defendants-Appellees.

Court of Appeals of Tennessee, Eastern Section.

Application for Permission to Appeal Denied April 3, 1995.

Attorney(s) appearing for the Case

E.C. Heininger, Greeneville, for appellant.

Charles W. Burson, Atty. Gen. and Reporter, Charles L. Lewis, Deputy Atty. Gen., Sean P. Scally, Asst. Atty. Gen., Nashville, for appellee Joe Huddleston, Commissioner of Revenue.

Application for Permission to Appeal Denied by Supreme Court April 3, 1995.

OPINION

SUSANO, Judge.

In this case, Nolichuckey Sand Co., Inc. (Nolichuckey), appeals and argues that the county option mineral severance tax (severance tax) codified at T.C.A. § 67-7-201, et seq., is constitutionally infirm in toto. After initially agreeing with the Appellant, the Chancellor reconsidered his decision and held that the doctrine of elision could...

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