City of Harriman, Tennessee v. Roane County Election Commission et al.

Case Number
E2008-02316-SC-R11-CV

Two municipalities sought to annex the same territory outside the urban growth boundaries for both municipalities set forth in the county’s growth plan. One municipality attempted to annex territory that was not within its urban growth boundary by proposing an amendment to the county growth plan and enacting an ordinance annexing the territory. A second municipality annexed the same territory by an annexation referendum pursuant to Tennessee Code Annotated sections 6-51-104 to -105 and 6-58-111(d)(2). We granted permission to appeal in this case to address the application of Tennessee Code Annotated sections 6-58-101 to -116 to these municipalities’ annexation efforts. After considering the related statutes, we hold that Tennessee Code Annotated section 6-58-111 requires an amendment to the county growth plan for a municipality to effect an annexation of territory beyond its urban growth boundary by ordinance. We reverse the judgment of the Court of Appeals and reinstate the chancery court’s order dismissing the case.

Authoring Judge
Justice Janice M. Holder
Originating Judge
Chancellor Frank V. Williams III
Case Name
City of Harriman, Tennessee v. Roane County Election Commission et al.
Date Filed
Dissent or Concur
No