Vollmer v. City of Memphis

792 S.W.2d 446, 1990 Tenn. LEXIS 208
CourtTennessee Supreme Court
DecidedMay 14, 1990
StatusPublished
Cited by10 cases

This text of 792 S.W.2d 446 (Vollmer v. City of Memphis) 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
Vollmer v. City of Memphis, 792 S.W.2d 446, 1990 Tenn. LEXIS 208 (Tenn. 1990).

Opinions

OPINION

O’BRIEN, Justice.

This suit in the nature of a Quo Warran-to proceeding has a long and extensive history. In December 1984 the plaintiffs filed a complaint challenging the validity of an ordinance proposed by the City of Memphis to annex and include within its corporate limits certain adjacent areas, including the town of Cordova, in Shelby County, Tennessee. The constitutional issue raised in the complaint was that the annexing ordinance violated Article 1, § 1 and Article 11, § 16 of the Tennessee Constitution. A motion for summary judgment filed by the plaintiffs was granted in the trial court. The chancellor declared T.C.A. § 6-51-102, dealing with annexation by ordinance, unconstitutional in its entirety, and held the annexation ordinance passed by the City of Memphis to be void. The defendant city and its officials, joined by the State Attorney General, sought review by direct appeal to this Court. This Court held that only the provisions of Chapter 522, Public Acts of 1981, codified as § 6-51-102(a)(2)(A) thru (K), with the exception of sub-section (a)(2)(J)(v), were unconstitutional and so were to be stricken from the statute. The court ruled that the chancellor did not pass upon the Quo War-ranto issue as raised by the plaintiffs and remanded the cause for that purpose.1

On remand this case was set to trial before a jury, consolidated with a similar cause of action filed by other residents of the area subject to annexation. The issue submitted to the jury was stated to be:

Is the annexation ordinance reasonable, taking into consideration the health safety and welfare of the citizens and property owners of the area to be annexed and the City of Memphis?

The jury responded to the question in the affirmative. The findings of the jury were approved by the trial court. A motion for directed verdict or new trial was denied. The litigants in Chancery Cause No. 91739-1 filed an appeal to this Court. The litigants in Cause No. 91738-1 have not appealed.

The plaintiffs’ argument is that this Court’s prior ruling in Vollmer v. City of Memphis, supra, holding that Chapter 522 of the Public Acts of 1981 was constitutional, has the effect of depriving citizens of the State of the right to vote on whether or not they choose to become a part of a neighboring municipality. Without this right, a citizen of Tennessee may have imposed upon him a new and additional level of government complete with additional tax obligations and restrictions upon his personal freedom. It is contended that such an imposition of government is precisely the evil sought to be prohibited by Art. 1, § 1 and Art. 11, § 16 of the Constitution of the State of Tennessee.

This argument is eminently correct in its assertion that Art. 1, § 1 of the Constitution reserves all power inherent in the people and retains the government under their control. Specifically, this Article mandates:

[448]*448“That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times, an unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper.”

Article 11, § 16 confirms the rights established by Article I and stresses the determination of our founding fathers that the declaration of rights established by that section shall remain inviolate:

“The declaration of rights hereto prefixed is declared to be a part of the Constitution of this State, and shall never be violated on any pretence whatever. And to guard against transgression of the high powers we have delegated, we declare that everything in the bill of rights contained, is excepted out of the General powers of government, and shall forever remain inviolate.”

However, these provisions do not mean that individual citizens, members of a community, or inhabitants of an area to be annexed can thwart or avoid other provisions of the Constitution because of their dissatisfaction with statutory authority directed or permitted under its terms. In construing the Constitution, the whole instrument must be taken into consideration, and no part so construed as to impair or destroy any other part. Legislative powers enumerated in one clause must be defined and exercised with reference to limitations and requirements made in other clauses. Every clause should be given effect. The general language of one clause should not be permitted to render ineffective the express or specific provisions of another clause. State v. Memphis City Bank, 91 Tenn. 574, 19 S.W. 1045 (1892). Neither the legislature, the judiciary, nor the citizenry, acting individually or in unison, can alter or change its provisions except in the manner provided within its text. Article 11, § 3 provides the explicit way in which the people of this State may alter, reform or abolish any specified part or parts of the Constitution and requires action on the part of a majority of all the voters of the State to approve any such proposal. It provides the manner in which such a proposal shall be approved, and there is no other.

It is for the legislature, as the direct representatives of the people, to determine what the public good requires. The courts can only interfere when the legislature has violated the Constitution, not otherwise. Davis v. State, 71 Tenn. 376, 19 S.W. 1045 (1879). At the prior hearing of the case this Court said:

“The limited Constitutional Convention of 1953 adopted and submitted to the people the following amendment to the Constitution:
‘The general assembly shall by general law provide the exclusive methods by which municipalities may be created, merged, consolidated and dissolved and by which municipal boundaries may be altered. (Emphasis in original).’
This proposed amendment was duly ratified by the people and proclaimed by the governor on November 19, 1953. This provision is now a part of § 9, article 11, of the Constitution of Tennessee ...” 730 S.W.2d, p. 620.

The Court held that insofar as this law suit is concerned, the City of Memphis acted under a valid statute. We find nothing in this subsequent phase of this proceeding to warrant any change in that decision. In our view the statute authorizing annexation by ordinance is constitutionally sound and empowers the City of Memphis to act as it did in this case.

It is insisted the trial court erred in refusing to grant appellant’s motion for a directed verdict. Appellants argue here as they did in the trial court that the City of Memphis did not conform to the requirements of T.C.A. § 6-51-102 which provides that a municipality may extend its corporate limits by annexation upon its own initiative as may be deemed necessary for the welfare of the residents and property owners of the affected territory as well as the municipality as a whole when it appears that the prosperity of such municipality and territory will be materially retarded [449]*449and the safety and welfare of the inhabitants and property endangered.

However, T.C.A.

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Bluebook (online)
792 S.W.2d 446, 1990 Tenn. LEXIS 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vollmer-v-city-of-memphis-tenn-1990.