Ready Mix, USA, LLC v. Jefferson County, Tennessee - Concur
This text of Ready Mix, USA, LLC v. Jefferson County, Tennessee - Concur (Ready Mix, USA, LLC v. Jefferson County, Tennessee - Concur) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF TENNESSEE AT KNOXVILLE May 8, 2012 Session
READY MIX, USA, LLC v. JEFFERSON COUNTY, TENNESSEE
Appeal by Permission from the Court of Appeals, Eastern Section Chancery Court for Jefferson County No. 99113 Jon Kerry Blackwood, Senior Judge
No. E2010-00547-SC-R11-CV - Filed August 30, 2012
W ILLIAM C. K OCH, J R., J., concurring
I concur with the Court’s conclusion that the evidence does not preponderate against the trial court’s finding that Ready Mix, USA, LLC’s activities on its property established pre-existing use and, therefore, qualify for protection under Tenn. Code Ann. § 13-7-208 (2011). I base my decision entirely on our prior precedents construing Tenn. Code Ann. § 13-7-208 without any consideration, directly or indirectly, of the diminishing assets doctrine.
______________________________ WILLIAM C. KOCH, JR., JUSTICE
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