Diane Jordan, et al. v. Knox County, Tennessee, et al.

Case Number
E2006-01377-SC-RDM-CV

In this expedited appeal, the primary issue presented for review is whether Knox County, Tennessee, has a valid governmental charter. A secondary issue is whether a term limits amendment to the county charter should be applied and, if so, to which of the elected county officials. We hold that while Knox County failed to comply with the enabling legislation for instituting a charter form of government, since September 1, 1990, Knox County has been governed under a de facto charter with a county mayor, county commissioners, and other de facto officers. For the reasons set out in this opinion, it is our conclusion that the term limits amendment meets due process guidelines and applies to all elected Knox County Government officials except for the court clerks and the school board member, each of whom is protected by either the state constitution or statute. The judgment of the Knox County Chancery Court, which invalidated both the charter and the amendment, is therefore affirmed in part and reversed in part.

Authoring Judge
Justice Gary R. Wade
Originating Judge
Chancellor John F. Weaver
Case Name
Diane Jordan, et al. v. Knox County, Tennessee, et al.
Date Filed
Dissent or Concur
No
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