Harpeth Valley Utilities Dist. of Davidson and Williamson Counties, v. The Metropolitan Government of Nashville and Davidson County - Concurring

We concur with the results of the presiding judge’s opinion because we believe that the holding of Davidson County v. Harmon, 200 Tenn. 575, 292 S.W.2d 777 (1956) controls the outcome of this case. The Harpeth Valley Utility District has been operating since 1959 under the aegis of the Utilities Law of 1937 [Tenn. Code Ann. §§ 7-82-101, -804 (1992 & Supp. 1997)] providing water and sewerage disposal services to areas of Davidson, Williamson, and Cheatham Counties. As such, it is a governmental entity. See Tenn. Code Ann. § 7-82-301(a)(1) (Supp. 1997); First
Suburban Util. Dist. v. McCanless, 177 Tenn. 128, 132-34, 146 S.W.2d 948, 950 (1941). Unless specifically provided otherwise, a city’s zoning power does not extend to state government instrumentalities located within its borders. See Davidson County v. Harmon, 200 Tenn. at 583-84, 292 S.W.2d at 780-81.