Brodbine v. Torrence

OPINION

BROCK, Justice.

The Chancellor dismissed the complaint in this case for failure to state a claim upon which relief could be granted and plaintiff appealed.

Plaintiff, Brodbine, is a restaurant operator in Nashville who is licensed to sell alcoholic beverages for consumption on the premises of his restaurant, “Tara.” He filed this suit as a class action on behalf of himself and 149 others licensed in Nashville for the sale of alcoholic beverages for on-the-premises consumption, alleging that the defendant Metropolitan Government had collected and was continuing to collect unlawful taxes…