Nichols v. Tullahoma Open Door, Inc.

OPINION

LEWIS, Judge.

The primary issue raised by this appeal is whether T.C.A. §§ 13-24-101 — 13-24-104 violate certain provisions of the Constitutions of Tennessee and the United States. A secondary issue is whether the Sherrill Living Center, a group home for mentally retarded persons operated by defendant Tullahoma Open Door, Inc., is operated on a commercial basis and, therefore, not entitled to the benefits prescribed by T.C.A. §§ 13-24 — 101—13-24^104.

This case was commenced by plaintiffs seeking a declaratory judgment declaring the statutes at issue unconstitutional. Plaintiffs also…