State ex rel. Kessel v. Ashe

888 S.W.2d 430, 1994 Tenn. LEXIS 318
CourtTennessee Supreme Court
DecidedOctober 31, 1994
StatusPublished
Cited by5 cases

This text of 888 S.W.2d 430 (State ex rel. Kessel v. Ashe) 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
State ex rel. Kessel v. Ashe, 888 S.W.2d 430, 1994 Tenn. LEXIS 318 (Tenn. 1994).

Opinion

OPINION

DROWOTA, Justice.

In this action contesting an annexation ordinance, the plaintiff Knox County appeals from the Court of Appeals’ judgment reversing the trial court’s denial of the defendant City of Knoxville’s motion to dismiss — which alleged that the County lacked standing to contest the ordinance. This appeal presents a single issue for our determination: whether the County’s interest in certain roadways located within the territory sought to be annexed is sufficient to qualify the County as an “aggrieved owner of property” as required by Tenn.Code Ann. § 6-51-103(a)(2)(A), thereby conferring upon the County standing to contest the annexation. For the reasons set forth below, we hold the County’s interest in the roadways does not satisfy the statutory requirement; therefore, we affirm the judgment of the Court of Appeals.

FACTS

The facts giving rise to this action are not disputed. On July 15, 1991, the Knox County Board of Commissioners accepted the dedication of two roadways, Power Drive and Dresser Road, both of which are located within the “Power Park” subdivision. The minutes of the Board meeting reflect that these two roadways, which are 2,820 feet in length and 70 feet wide, are owned by Power Properties Ltd. and Three Partners, Ltd.

On June 23,1992, the Knoxville City Council passed Ordinance No. 0-174r-92, seeking to annex approximately 86.66 acres in southwest Knox County. This parcel includes [431]*431land that is part of the “Power Park” subdivision.

On July 22, 1992, Knox County filed an action, pursuant to Tenn.Code Ann. § 6-51-103, to contest the reasonableness of ordinance No. 0-174-92. Because § 6-51-103(a)(2)(A) requires that any person wishing to challenge an annexation ordinance be “an aggrieved owner of property which borders or lies within territory which is the subject of an annexation ordinance,” the County asserted that its ownership of Power Drive and Dresser Road by the dedication process established its standing to challenge the ordinance.

The City filed a motion to dismiss, or in the alternative for summary judgment, alleging that the County did not have standing to challenge the ordinance because its interest in the roadways was insufficient to qualify it as “an aggrieved owner of property” under § 6-51-103(a)(2)(A). The trial court denied the motion, but granted the City’s request for an interlocutory appeal of its ruling.

The Court of Appeals reversed the judgment of the trial court. In a brief opinion, the Court first noted that construing the term “aggrieved owner of property” so as to embrace the County’s interest in the roadways “would result in a county being able to challenge each and every annexation ordinance passed by a municipality if the annexed area encompassed a county road.” This, the Court stated, was unacceptable, for it did “not believe that the legislature intended to create such a fertile field for litigation.”

Knox County applied for permission to appeal pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. We granted the application to resolve this issue of first impression.

ANALYSIS

In order to determine if the County’s interest in the roadways satisfies the requirement of § 6~51-103(a)(2)(A), we must first determine the nature of that interest. This is straightforward because longstanding law provides that when property is dedicated to a governing body for public use, the governing body acquires only an easement in the property, and the fee remains in the dedicator, or in the abutting landowners where the property conveyed is for a street or highway. City of Memphis v. Overton, 216 Tenn. 293, 392 S.W.2d 98, 100 (1965); Jacoway v. Palmer, 753 S.W.2d 675, 677 (Tenn.App.1987). Therefore, the County does not own the fee title to the roadways, but has at most only an easement or right-of-way.

The County concedes that it does not own the fee. It argues, however, that this is irrelevant to the question before us because the term “owner of property” is not in general usage limited to the holder of the fee, but has been construed by many authorities to include the holder of many types of lesser interests. The County argues that, because the term is not defined or qualified in the statute, and because the legislature is presumed to have purposefully chosen the terms it uses, the County fits within the broad statutory language. Furthermore, the County asserts that the Court of Appeals’ decision was erroneous because this Court has already held, in State ex rel. Spoone v. Mayor of Morristown, 222 Tenn. 21, 431 S.W.2d 827 (1968), that ownership of roadways by a county is sufficient to qualify the county as an “aggrieved owner of property” under the statute.

The County is correct that the term “owner,” standing alone, may encompass the holder of many types of interests, including an easement. For example, the term “owner” has been defined simply as “the person who has one or more interests.” Restatement of Property § 10 (1936). The Restatement further provides that “the person who has these interests is designated both in this Restatement and in general usage as the ‘owner’ of them and is said to ‘own’ them.” Id; see also 73 C.J.S. Property § 25(b) (1983). And the Restatement authors provide as an example of the general usage of the term “own”: “A owns an easement over Blackaere.” Restatement of Property § 10 (1936).

The fact that the term “owner” can in a general sense be used to refer to the holder of an easement does not, however, provide an answer to the question before us. Because “owner” is an elastic term, it necessarily derives much of its meaning from the context [432]*432in which it is used. Smith v. Planning and Zoning Bd., 3 Conn.App. 550, 490 A.2d 539, 541 (1985); Douglas v. Pratt, 102 R.I. 445, 231 A.2d 486, 488 (1967). Therefore, we must look to the decisions of this Court in the area of dedication and attempt to determine the meaning of the term “owner” in that context.

This endeavor yields, at best, only mixed results. Although the abovementioned rules regarding the nature of each party’s interest in the dedicated property are well established, a great deal of ambiguity exists as to the precise content of the term “owner.” For example, in State ex rel. Beckham v. Taylor, 107 Tenn. 455, 64 S.W. 766 (1901), the Court invalidated an attempt by a municipality to sell land that had been dedicated to it for use as a public street, reasoning as follows:

It is obvious, under our law, that the ordinance and deed in question were ineffective to pass title to any portion of Washington Avenue to the intended vendees— First, because the corporation did not own the fee in the street; and, secondly, because the easement it did own was not subject to sale and conveyance....

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Bluebook (online)
888 S.W.2d 430, 1994 Tenn. LEXIS 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-kessel-v-ashe-tenn-1994.