State Ex Rel. Balsinger v. Town of Madisonville

This is an appeal from an adverse judgment of the Circuit Court of Monroe County upholding the validity of an ordinance passed for the purpose of annexing a certain area to the City of Madisonville.

Relator, Balsinger, filed the suit under authority of T.C.A. Section 6-310 seeking to have the ordinance vacated as unreasonable and unnecessary in consideration of the health, safety and welfare of the citizens residing within the area to be annexed as well as those residing within the City. Relator demanded a jury to try the issues.

The trial judge, after hearing extensive evidence, dismissed the…