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SNPCO, INC. v. CITY OF JEFFERSON CITY

No. E2009-02355-SC-R11-CV.

363 S.W.3d 467 (2012)

SNPCO, INC. v. CITY OF JEFFERSON CITY et al.

Supreme Court of Tennessee, at Knoxville.

March 26, 2012.

Attorney(s) appearing for the Case

Carl R. Ogle, Jr. , Jefferson City, Tennessee, for the appellants, SNPCO, Inc. d/b/a Salvage Unlimited and Shawn R. Wilmoth.

John T. Batson, Jr. , Knoxville, Tennessee, for the appellees, City of Jefferson City, Mayor Darrell Helton , Vice Mayor Karen Smith , Councilwoman Ann Cole , Councilman Ray Cain , and Councilman Mark Potts.

OPINION

WILLIAM C. KOCH, JR., J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., JANICE M. HOLDER, GARY R. WADE, and SHARON G. LEE, JJ., joined.

This appeal involves the question of whether a city's ordinance banning the sale of fireworks within its city limits implicates Tenn.Code Ann. § 13-7-208(b) (Supp.2008) which permits pre-existing nonconforming businesses to continue to operate...

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