State ex rel. Stall v. City of Knoxville

365 S.W.2d 433, 211 Tenn. 428, 15 McCanless 428, 1963 Tenn. LEXIS 363
CourtTennessee Supreme Court
DecidedFebruary 25, 1963
StatusPublished
Cited by10 cases

This text of 365 S.W.2d 433 (State ex rel. Stall v. City of Knoxville) 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. Stall v. City of Knoxville, 365 S.W.2d 433, 211 Tenn. 428, 15 McCanless 428, 1963 Tenn. LEXIS 363 (Tenn. 1963).

Opinion

Mr. Justice White

delivered the opinion of the Court.

A petition for the writs of certiorari and supersedeas has been presented to this Court while in session in Nashville. The petition details the history of the litigation referred to herein and avers that this Court rendered a final opinion on September 7, 1962, 211 Tenn. 271, 364 S.W.2d [431]*431898, in which, the action of the Trial Court, in upholding the validity of the Ordinances therein attacked, was affirmed. A petition to rehear was denied by this Court on October 4, 1962. Application for a stay of the judgment was filed and denied on the same day, i. e. October 4,1962.

About three months thereafter, and on January 2,1963, the relators filed a petition in the United States Supreme Court for the writ of certiorari. On the same date a motion to stay the final judgment of this Court was filed. This motion was denied on January 10, 1963. A motion to reconsider the denial of the stay order was then filed and it, too, was denied. The petition for the writ of certi-orari has not been acted upon by that Court.

On January 22, 1963, the relators, Stall, et al., filed an original bill in the Chancery Court at Knoxville naming as parties defendant the City, the Mayor and other officials seeking to enjoin them from assessing and collecting municipal taxes for the year 1963 upon the property encompassed and included within the boundaries of the Ordinances attacked by them in the original proceeding finally disposed of by opinion of this Court under date of September 7,1962.

The Chancellor issued an order directing said officials to appear and show cause, if any they had, why an injunction should not be issued enjoining and inhibiting them from assessing and collecting said taxes.

The defendants appeared on February 1, 1963 and resisted the application by oral argument. The Chancellor, sitting in interchange by appointment of the Chief Justice of this Court, now has such application under advisement.

[432]*432It is averred in the petition before us that the hill filed by the respondents constitutes “an illegal and unwarranted interference with the final judgment and decrees of this Court in these causes and that the same ought not to be permitted”.

To the petition so filed, the complainants have filed a motion to dismiss upon four grounds which need not be copied herein, but all of them have been considered by us in the preparation of this opinion and found to be without merit.

The motion states a desire of these original complainants, respondents herein, to appear before us and “present their theory”. It has been the practice of this Court from time immemorial to consider such matters as the one before us upon briefs containing citations to authority in support of the contentions of the respective parties without oral argument. Briefs have been filed on behalf of petitioners and respondents herein.

We have read most carefully the original bill filed herein and the averments therein are basically those contained in the original proceeding; that is, said Ordinances are not effective and, therefore, if the City and the other officials consider them to be so their action is considered by the complainants to be “dictatorial, arbitrary, illegal, high-handed, premature, confiscatory and irresponsible”. Such officials are proceeding according to the decision of this Court which has the last and final responsibility under the Constitution of the State of Tennessee in such matters. Exercising the authority so conferred, this Court has heretofore held the Ordinances in question to be constitutionally valid. State ex rel. Stall et al. v. City of Knoxville, 211 Tenn. 271, 364 S.W.2d 898.

[433]*433The wisdom of the passage of these Ordinances was determined by the governing officials of the City of Knoxville and over this we have no control and desire none. This was a matter resting solely within the discretion of snch representatives of the people who passed the Ordinances and we approved them as conforming to the Constitution.

The respondents alleged in their bill here under consideration that the final opinion of this Court rendered in the original suit was not conclusive because the respondents had filed the aforesaid petition for the writ of certiorari in the Supreme Court of the United States. In doing so, they extract one sentence from T.C.A. sec. 6-310 as authority for such statement. The fact that this section refers to an appeal from a Trial Court to this Court is exceedingly plain. It says that any aggrieved property owner may contest the validity of an ordinance annexing his property and that such suit may be brought in the Court of appropriate jurisdiction, meaning, of course, a nisi prius Court of record in this State. The statute further provides that such ordinance shall become effective thirty-one (31) days after the judgment of said Court approving such ordinance has been entered, unless an abrogating appeal has been taken therefrom.

Said section further provides that the judgment of the Appellate Court shall become final and shall not be subject to contest or attack in legal or equitable proceeding for any cause or reason. In other words, the action of this Court is made final by the express provisions of the statute. It is upon this statute that the respondents now seek to base their relief in the cause now pending in the Chancery Court.

[434]*434.These respondents have not and conld not perfect an “abrogating appeal” from the final judgment of this Court. The filing of the petition for the writ of certiorari is not, and could not be, such an appeal.

The record, as recited herein, shows beyond doubt that the complaints of these property owners have been fully heard in the Circuit Court; considered on appeal here and re-considered on a petition to rehear. An application for an order staying the judgment has been filed and denied by this Court. Two applications have been made to the Supreme Court of the United States for a similar order and both denied. The original complainants continue to attack the validity of said annexation ordinances despite the rulings of the Court. The prime function and purpose of the judicial system is to settle, determine and end differences between contending parties. The Courts of Tennessee have performed this function and duty in these cases and an order will be entered here ending this litigation upon the authorities now considered.

T.C.A. sec. 16-102 provides that:
“Every court has power * * * (3) To compel obedience to its judgments, orders, and process, and to the order of a judge out of court, in an action or proceeding therein.”
T.C.A. sec. 16-305 provides:
“The court may * # * issue all writs and process ■. necessary for the exercise and enforcement of its jurisdiction. ’ ’
T.C.A. sec. 27-801 provides:
[435]*435“The writ of certiorari may be granted whenever authorized by law, and also in all cases where an inferior tribunal, board, or officer exercising judicial functions has exceeded the jurisdiction conferred, or is acting illegally, when, in the judgment of the court, there is no other plain, speedy, or adequate remedy.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Carole J. Boyd v. Town of Morrison
Court of Appeals of Tennessee, 2022
In Re Tyler G.
Court of Appeals of Tennessee, 2017
Baxter Bailey Investments LLC v. APL Limited Inc.
Court of Appeals of Tennessee, 2015
Josephine Whitthorne Young v. William F. Young, Jr.
Court of Appeals of Tennessee, 2015
Mary C. Smith v. UHS of Lakeside, Inc.
439 S.W.3d 303 (Tennessee Supreme Court, 2014)
Priscilla Lee Slagle v. Lawrence Fred Slagle
Court of Appeals of Tennessee, 2012
Petition of Tennessee Bar Ass'n
539 S.W.2d 805 (Tennessee Supreme Court, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
365 S.W.2d 433, 211 Tenn. 428, 15 McCanless 428, 1963 Tenn. LEXIS 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-stall-v-city-of-knoxville-tenn-1963.