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MASSENGALE v. CITY OF EAST RIDGE

No. E2012-00526-COA-R3-CV

399 S.W.3d 118 (2012)

Dennis R. MASSENGALE et al. v. CITY OF EAST RIDGE.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

October 30, 2012.

Application for Permission to Appeal Denied by Supreme Court March 5, 2013.

Attorney(s) appearing for the Case

Jeffrey P. Yarbro , Nashville, Tennessee, and Christopher Varner , Chattanooga, Tennessee, for the appellants, Dennis R. Massengale, Karen Massengale, Carnell Storie, Marion-Bradley Fireworks Retailers, and Wet Willy's Fireworks Supermarkets of Tennessee, Inc.

Ronald D. Wells , Keith H. Grant and John R. Anderson , Chattanooga, Tennessee, for the appellee, City of East Ridge.

Robert E. Cooper, Jr. , Attorney General and Reporter; William E. Young , Solicitor General; and Steven A. Hart , Special Counsel, Office of the Attorney General, Nashville, Tennessee, for the appellee, Robert E. Cooper, Attorney General and Reporter.

CHARLES D. SUSANO, JR., J., delivered the opinion of the Court, in which D. MICHAEL SWINEY and JOHN W. McCLARTY, JJ., joined.

OPINION

The plaintiffs in this case allege that they are adversely affected by a statute that legalizes the sale of fireworks inside the city limits of East Ridge, despite a general ban on the sale of fireworks in any county with a population of greater than 200,000, e.g., Hamilton County. They allege that the statute is unconstitutional...

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