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TENNESSEE MUN. LEAGUE v. THOMPSON

958 S.W.2d 333 (1997)

TENNESSEE MUNICIPAL LEAGUE, et al., Plaintiffs/Appellants, v. Brook THOMPSON, in his official capacity as the State Election Coordinator, et al., Defendants/Appellees.

Supreme Court of Tennessee, at Nashville.

December 10, 1997.

Attorney(s) appearing for the Case

George E. Barrett, Phillip A. Purcell, Barrett, Johnson & Parsley, Nashville, for Appellants, Tennessee Municipal League.

Leo Bearman, Jr., Allan J. Wade, David L. Bearman, Baker, Donelson, Bearman & Caldwell, Memphis, for Appellants, City of Memphis.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Michael W. Catalano, Associate Solicitor General, Ann Louise Vix, Senior Counsel, Nashville, for Appellees, Brook Thompson, et al.

Val Sanford, Gullett, Sanford, Robinson & Martin, PLLC, Nashville, Gordon B. Olswing, Law Offices Of Charles R. Perkins, Lee L. Piovarcy, Martin, Tate, Morrow & Marston, PC, Memphis, for Intervenor Appellees, David Sanders, David Lynn Ranson, James E. Blount, III, and James F. Leatherwood, III.

Charlton R. DeVault, Jr., Kingsport, for Amicus Curiae, City of Elizabethton.

Edward B. Johnson, Somerville, for Amicus Curiae, Town of Oakland.

OPINION

ANDERSON, Chief Justice.

We granted this expedited appeal pursuant to Tenn. Code Ann. § 16-3-201(d) to determine a question of unusual public importance — whether 1997 Tenn. Pub. Acts, ch. 98 ("the Act"), which dramatically changed requirements for municipal incorporation, violates the Tennessee Constitution. The Chancery Court held that the Act is constitutional. We conclude, however, that the Act violates Article II, § 17 of the...

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