SHERWOOD v. TENNESSEE VALLEY AUTHORITY

No. 21-5927.

46 F.4th 439 (2022)

Donna W. SHERWOOD; Jerome D. Pinn; Vance Sherwood; Anthony Billingsley; Jennifer Peet; Richard Eugene Williams; Frank L. Oakberg; Bonnie E. Oakberg; Gerry M. Williams; Harold P. Sloves; Felicitas K. Sloves; Sheila D. Booe; Thomas R. Warren, Jr.; Jeffrey G. See, Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2022.


Attorney(s) appearing for the Case

ARGUED: Donald K. Vowell , THE VOWELL LAW FIRM, Knoxville, Tennessee, for Appellants. Frances Regina Koho , TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee, for Appellee. ON BRIEF: Donald K. Vowell , THE VOWELL LAW FIRM, Knoxville, Tennessee, for Appellants. Frances Regina Koho , David D. Ayliffe , TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee, for Appellee.

Before: ROGERS and KETHLEDGE, Circuit Judges, and MALONEY, District Judge.


OPINION

This appeal is the latest installment in a decade-long dispute over the way in which the Tennessee Valley Authority (TVA) clears trees in the rights-of-way it holds on the plaintiffs' private property. The district court enjoined TVA from practicing a particular tree-clearance practice, referred to as the...

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