City of Shelbyville v. State Ex Rel. Bedford County

The City of Shelbyville acquired an electric distribution system in 1939 and has owned it since. Under a contract with TVA the City purchases wholesale electric power from TVA and uses the power for its own purposes and also distributes it to its customers in the City and Bedford County.

Being owned by the City, the properties of the utility are tax-exempt under T.C.A. Section 67-502(1). Prior to 1939, the utility was privately owned; and, as such, was subject to taxation by the City and Bedford County. The City and County have, therefore, been deprived of a tax source.

The contract by which…