City of Memphis, A Municipal Corporation for the Use and Benefit of Memphis Light Gas and Water v. Tandy J. Gilliland Family, L.L.C., et al

This is a condemnation case.  The trial court granted summary judgment in favor of Appellees, the landowners, finding that Appellant MLGW's attempted condemnation was not necessary. The evidence clearly establishes that MLGW had the right to take, and that the taking was for a public purpose. Therefore, the burden fell to Appellees to show that MLGW’s taking was arbitrary or capricious. The evidence contained in the record does not establish that the taking was arbitrary or capricious with the result being that the condemnation is “conclusive upon the court.” Because the court considered necessity and location in contravention of MLGW’s condemnation power, we reverse the grant of summary judgment and remand to the trial court.