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WATERS v. FARR

No. E2006-02225-SC-R11-CV.

291 S.W.3d 873 (2009)

Steven WATERS et al. v. Reagan FARR, Commissioner of Revenue for the State of Tennessee.

Supreme Court of Tennessee, at Knoxville.

July 24, 2009.

Attorney(s) appearing for the Case

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Brad H. Buchanan, Assistant Attorney General, for the appellant, Reagan Farr, Commissioner of Revenue for the State of Tennessee.1

A. Philip Lomonaco, Knoxville, Tennessee, for the appellee, Steven Waters.

OPINION

GARY R. WADE, J., delivered the opinion of the court, in which JANICE M. HOLDER, C.J., and WILLIAM M. BARKER, J., joined. WILLIAM C. KOCH, JR., J. filed a separate opinion concurring in part and dissenting in part, in which CORNELIA A. CLARK, J., joined.

Effective January 1, 2005, the Tennessee General Assembly enacted a tax on the possession of unauthorized substances for the purpose of generating revenues to assist state and local law enforcement...

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