Tennessee-American Water Company, v. City of Chattanooga, Tennseess, et al.

Case Number
E2000-00415-COA-R3-CV

The City of Chattanooga asserted, by counter-claim, that the franchise rights of a state-franchised water company had terminated when the original stated corporate existence of ninety-nine years expired. The Hamilton County Chancery Court found that the water company's franchise was separate from the incorporation, that perpetuity of the franchise is the appropriate interpretation when there exists no limiting language in the franchise grant itself, and that the water company had not trespassed by continuing to operate in Chattanooga past the expiration of the original ninety-nine year grant of corporate existence. The judgment of the Chancellor is affirmed.

Authoring Judge
Judge David Michael Swiney
Originating Judge
Chancellor Howell N. Peoples
Case Name
Tennessee-American Water Company, v. City of Chattanooga, Tennseess, et al.
Date Filed
Dissent or Concur
No
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