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THRONEBERRY PROPERTIES v. ALLEN

987 S.W.2d 37 (1998)

THRONEBERRY PROPERTIES, a Partnership composed of Buford C. Throneberry, Mary B. Throneberry, James D. Throneberry, Vicki W. Throneberry, John B. Throneberry, and Allison L. Throneberry, Plaintiffs/Appellees, v. Nancy ALLEN, County Executive, Rutherford County Tennessee; David H. Jones, Director, Rutherford County Building Codes; Betts Barbier, Director, Building and Codes, City of Murfreesboro; Don Sundquist, Governor, State of Tennessee and Riley Darnell, Secretary of State, State of Tennessee, Defendants/Appellees. and Waldron & Sons, a Partnership composed of Kevin Waldron, Roy Waldron and Steven Waldron; Beaver Construction Co., Inc., and Indian Park, Ltd., Plaintiffs/Appellants, v. Rutherford County, a Political Subdivision of the State of Tennessee, Town of Smyrna, Tennessee, a Municipal Corporation chartered by the State of Tennessee; City of Murfreesboro, a Municipal Corporation chartered by the State of Tennessee; and Charles W. Burson, Attorney General for the State of Tennessee, Defendants/Appellees.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied February 1, 1999.

Attorney(s) appearing for the Case

Gail P. Pigg, Nashville, Tennessee, Attorney for Plaintiff/Appellee Throneberry Properties.

Darrell L. Scarlett, Michael A. Myers, Murfreesboro, Tennessee, Attorneys for Defendant/Appellee Rutherford County.

Granville S.R. Bouldin, Granville S.R. Bouldin, Jr., Murfreesboro, Tennessee, Attorneys for Plaintiffs/Appellants Waldron & Sons, Beaver Construction, Inc. and Indian Park, Ltd.

Phillip M. George, East Smyrna, Tennessee, Attorney for Defendant/Appellee Town of Smyrna.

Permission to Appeal Denied by Supreme Court February 1, 1999.

OPINION

CANTRELL, Judge.

Chapter 215 of the Public Acts of 1996, called the Rutherford County Development Tax Act, imposed a tax on the privilege of residential land development in Rutherford County. The Chancery Court of Rutherford County held that the Act did not apply to multi-unit developments because they are classified as commercial or...

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