Legal Opinion

Leech v. Wayne County

Tennessee Supreme Court

Decided September 24, 1979Published

1Dissent

*275HENRY, Justice.

I respectfully dissent from the majority opinion.

While other and lesser questions lurk in the record, the principle issue is whether a county constitutionally may be exempted from the application of a significant provision of a general law applicable to all other counties similarly situated, by the use of a population bracket exception, absent a rational basis for the exemption.

I

Constitutional Background

Article VII, Section 1 of the Constitution of 1870 enumerated the various county officers and Section 2 determined the proper method for filling vacancies. Its provisions were…

Also in this document: Concurring in part, dissenting in part.

2Cases cited14 opinions

  1. Harrison v. SchraderTennessee Supreme Court · 1978
  2. Motlow v. StateTennessee Supreme Court · 1911
  3. Railroad v. CriderTennessee Supreme Court · 1892
  4. State Ex Rel. Bales v. Hamilton CountyTennessee Supreme Court · 1936
  5. Waters v. STATE, EX REL., SCHMUTZERTennessee Supreme Court · 1979

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