Corporation of Collierville v. Fayette County Election Commission

OPINION

HENRY, Justice.

This suit in chancery poses the perennial problem of standing to sue. It arises in the context of an effort by an existing municipality to nullify the corporate charter of a contiguous municipality incorporated under § 6-1801, et seq., T.C.A. the statutory scheme for the incorporation of municipalities under city manager-commission charters.

The Chancellor sustained a Motion to Dismiss, under Rule 12.02, Tenn.R.Civ.P., holding that the corporation of Collierville had no standing to sue, since this was a quo warranto proceeding pursuant to § 23-2801(3) T.C.A. and, as such,…