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TOWN OF HUNTSVILLE v. DUNCAN

15 S.W.3d 468 (1999)

TOWN OF HUNTSVILLE, Tennessee, a Municipal Corporation of the State of Tennessee and Stanlodge, LLC, Plaintiffs-Appellants, v. William I. DUNCAN, Richard Smith, Luke Coffey, James R. Potter, all in their official capacity as members of the Scott County Election Commission; Wilma Jeffers, Howard Jeffers, Fred K. Phillips, Alma Koger and Gerald Foster, all individually; The Town of Helenwood; and Paul G. Summers in his official capacity as Attorney General of the State of Tennessee, pursuant to Tennessee Code Annotated § 29-14-107, Defendants-Appellees.

Court of Appeals of Tennessee, at Knoxville.

Application for Permission to Appeal Denied January 24, 2000.

Attorney(s) appearing for the Case

Andrew R. Tillman, Paine, Tarwater, Bickers & Tillman, Knoxville, TN, for Appellants.

David E. Rodgers, Kramer, Rayson, Leake, Rodgers & Morgan, Oak Ridge, TN, for Appellees Wilma Jeffers, et al., Individually, and Town of Helenwood.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, Steven A. Hart, Special Counsel, Ann Louise Vix, Senior Counsel, Nashville, TN, for Appellees Scott County Election Commission and Attorney General & Reporter.

Application for Permission to Appeal Denied by Supreme Court January 24, 2000.*

OPINION

SUSANO, J.

This litigation originated when the Town of Huntsville ("Huntsville") and Stanlodge, LLC ("Stanlodge"), filed suit challenging the constitutionality of Chapter 1101 of the Public Acts of 1998. The plaintiffs specifically contest Section 9(f)(3)1 of...

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