Whitehaven Utility District of Shelby County v. Ramsay

This bill was brought under the Declaratory Judgments Act by Whitehaven Utility District of Shelby County, Tennessee, to have declared for it the exclusive right to maintain and operate a system or systems for furnishing water, fire protection, sewers, and sewage disposal service in the boundaries of the District. This Utility District was created pursuant to the Utility District Act of 1937, as amended, T.C.A. secs. 6^2601 — 6-2636.

The defendants constructed the sewers involved herein and have since operated and maintained them. It is undisputed also that the defendants have been in control…