Legal Opinion

City of Chattanooga v. Fanburg

Tennessee Supreme Court

Decided February 11, 1954PublishedCited by 11 opinions

1Opinion of the CourtJustice Burnett

This lawsuit attacks the constitutionality of a wrecker or towing service ordinance passed by the City of Chattanooga. The Ordinance No. 4072 is copied in full in the footnote. 1 The trial judge held the Ordinance void as being obnoxious to Article XI, Sec. 8 of the Constitution, which prohibits the passage of “any law for the benefit of individuals inconsistent with the general laws of the land”, etc.; and as prohibited by Section 8 of Article I, as not being “due process of law”, or “the law of the land.” And likewise as offensive to the 14th Amendment to the Constitution of the United…

2Cases cited10 opinions

  1. Stephenson v. BinfordSupreme Court of the United States · 1932
  2. Nashville, Chattanooga & St. Louis Railway v. WhiteTennessee Supreme Court · 1928
  3. Nashville, Chattanooga & St. Louis Railway v. WhiteSupreme Court of the United States · 1929
  4. Large v. City of ElizabethtonTennessee Supreme Court · 1947
  5. City Transp. Co. v. PharrTennessee Supreme Court · 1948

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Interstate Towing Association, Inc. v. City of Cincinnati, OhioCourt of Appeals for the Sixth Circuit · 1993
  2. City of Indianapolis v. Clint's Wrecker Service, Inc.Indiana Court of Appeals · 1982
  3. Crabtree v. City of BirminghamSupreme Court of Alabama · 1974
  4. Frazer v. CarrTennessee Supreme Court · 1962
  5. Hempstead T-W Corp. v. Town of HempsteadNew York Supreme Court · 1958

6 more not listed; retrieve them via the Exa API.

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