Saylors v. City of Jackson

575 S.W.2d 264, 1978 Tenn. LEXIS 689
CourtTennessee Supreme Court
DecidedDecember 27, 1978
StatusPublished
Cited by6 cases

This text of 575 S.W.2d 264 (Saylors v. City of Jackson) 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.

Bluebook
Saylors v. City of Jackson, 575 S.W.2d 264, 1978 Tenn. LEXIS 689 (Tenn. 1978).

Opinion

OPINION

FONES, Justice.

Plaintiffs, appellants here, brought suit in the nature of a quo warranto proceeding to contest the validity of an annexation ordinance of the City of Jackson pursuant to T.C.A. § 6-310. The Chancellor initially rendered a decree holding that the issue of the reasonableness of the annexation was “fairly debatable” and hence under the applicable law the ordinance was valid. Subsequently, this Court held in City of Kingsport v. State, ex rel. Crown Enterprises, 562 S.W.2d 808 (Tenn.1978), that the “fairly debatable” standard utilized in prior cases had been superseded by a legislative amendment to T.C.A. § 6-310, which placed the burden of proof in an annexation contest on the annexing municipality. In response to Kingsport, the Chancellor, on defendant’s motion, amended his decree to conform with the standard enunciated by this Court. The primary issue in this appeal is whether the Chancellor erred in amending his decree and finding that the annexation complied with the Kingsport guidelines.

The annexed area, hereinafter referred to as the Northside area, comprises 4.06 square miles with approximately 1143 dwelling units. It is a relatively new, upper-middle income residential area. Although the Northside area is served by the City of Jackson Utility Division for its electrical, natural gas, water and some sanitation services, an improved Plan of Services was developed for the area in conjunction with the annexation plans. On August 30, 1977, a public hearing was conducted on the Plan of Services, and the plan was adopted unanimously. The annexation ordinance was likewise considered at a Board of Commissioners meeting on October 7,1977, and also adopted unanimously. Aside from a minor question of parliamentary procedure, appellants do not contest the procedure by which the annexation ordinance was adopted.

[266]*266In his original decree, the learned Chancellor concluded:

“After reviewing all of the evidence and hearing the testimony, the Court finds that the reasonableness of the annexation of the Northside area is a debatable question, and, therefore, under the guidelines that have been set forth by the Supreme Court, this Court must uphold the validity of the annexation ordinance as it was adopted.”

The finding of the Chancellor was in accord with the pronouncements of this Court as of the date of the decree. See, e. g., State ex rel. Spoone v. Mayor and Aldermen of Morristown, 222 Tenn. 21, 431 S.W.2d 827 (1968); State v. City of Columbia, 208 Tenn. 59, 343 S.W.2d 888 (1961); Morton v. Johnson City, 206 Tenn. 411, 333 S.W.2d 924 (1960); Witt v. McCanless, 200 Tenn. 360, 292 S.W.2d 392 (1956). In Kingsport v. State, supra, we held, however, that a 1974 legislative enactment, which provided that the municipality shall have the burden of proving that an annexation ordinance is reasonable for the overall well-being of the communities involved, “destroyed all presumptions of validity and demolished the ‘fairly debatable’ rule.” Id. at 812. See Chapter 753, Public Acts of 1974, amending T.C.A. § 6-310. Moreover, we provided the following criteria against which the reasonableness of an annexation ordinance must be tested:

“a. the necessity for, or use of, municipal services;
b. the present ability and intent of the municipality to render municipal services when and as needed;
c. whether the annexation is for the sole purpose of increasing municipal revenue without the ability and intent to benefit the annexed area by rendering municipal services.” 562 S.W.2d at 812.

Following the Kingsport decision, defendant filed a motion under Rule 59 T.R.C.P. which requested the Chancellor to make the additional finding of fact that the annexation ordinance was reasonable. Accordingly, the Chancellor issued an altered decree, which found:

“Based upon a consideration of all the evidence heretofore heard in this cause, including the arguments presented to this Court by both parties on May 22, 1978, the Court does make the following additional findings pursuant to Rule 59:
1. There is the necessity for, or use for, the municipal services proposed for the territory to be annexed in the defendant’s Plan of Services.
2. The defendant has the present ability and intent to render municipal services to the area to be annexed, when and as reasonably needed, and as provided in such Plan of Services.
3. The annexation proposed is not for the sole purpose of increasing municipal revenue, and the defendant does have the present ability and intent to benefit the annexed area by rendering municipal services, as outlined in the Plan of Services.
4. Finally, based upon the entire proof heard in this case and the entire record in this cause, the Court expressly finds that the defendant, the City of Jackson, has carried the burden of proving that the annexation ordinance is for the overall well being of the area to be annexed and the City of Jackson as a whole.”

Therefore, the Chancellor upheld the annexation ordinance, concluding that “the statutory procedural requirements have been met, that the annexation ordinance has been validly passed, and that the reasonableness of the ordinance has been clearly shown by a preponderance of the evidence.”

Appellants assign as error that the amended decree does not comport with T.R. C.P. 59, for the Chancellor had no authority to amend his decree to make further findings of fact. We see no merit to this assignment. T.R.C.P. 59.04 clearly authorizes a trial judge to alter or amend a judgment either on his own motion or that of one of the parties. A classic situation for the application of that rule was presented in this case. The trial judge reconsidered the evidence in the light of a change in the appli[267]*267cable law that occurred after the original decree, and made findings of fact in response to those changes. Had he failed or refused to do so, a remand would be necessary for that purpose.

An additional assignment of error relates to the procedure by which the Jackson Board of Commissioners adopted the ordinance. To wit, appellants urge that the ordinance was passed in contravention to the parliamentary procedure contained in Robert’s Rules of Order, which governs business before the Board of Commissioners as provided in Section 2-4 of the Jackson Municipal Code.

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Cite This Page — Counsel Stack

Bluebook (online)
575 S.W.2d 264, 1978 Tenn. LEXIS 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saylors-v-city-of-jackson-tenn-1978.