United States Sixth Circuit

In a dispute over an element of compensation that Tennessee law requires when a city annexes territory and exercises its right to purchase electric utility property within the annexed territory, an order requiring city to pay reintegration costs of almost $6 million is affirmed as it was legally proper and not clearly erroneous. However, an order enjoining the city from providing electric service in the annexed area, pending resolution of the compensation dispute, is reversed as it improperly expanded the scope of the previous compensation order.

Appellate Information

• Decided 04/19/2007
• Published 04/19/2007

Judges

• Before ROGERS and GRIFFIN, Circuit Judges;  RUSSELL, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Andree Sophia Blumstein, Sherrard & Roe, Nashville, Tennessee, for Appellant.  W. Brantley Phillips, Jr., Bass, Berry & Sims, Nashville, Tennessee, Frances M. Toole, United States Department of Justice, Washington, D.C., for Appellees.   ON BRIEF:  Andree Sophia Blumstein, Sherrard & Roe, Nashville, Tennessee, T. Michael O'Mara, Cookeville, Tennessee, for Appellant.  W. Brantley Phillips, Jr., John R. Lodge, Jr., Russell S. Baldwin, Bass, Berry & Sims, Nashville, Tennessee, Frances M. Toole, United States Department of Justice, Washington, D.C., for Appellees.