Opinion

City of Knoxville v. Brown

  • 195 Tenn. 501
  • 31 Beeler 501
  • 260 S.W.2d 264
  • 1953 Tenn. LEXIS 370
Court
Tennessee Supreme Court
Filed
Jun 5, 1953
Status
Published
Author
Gailor
On the bench
Burnett, Gailor
Cited by
38 cases
Authority
More cited than 7.8%

“The doctrine of Ejusdem Generis based on the maxim expressio unius est exclusio alterius is: that, where general words are used, followed by a designation of particular things or subject to be included or excluded as the case may be, the inclusion or exclusion will be presumed to be restricted to the particular thing or subject”

How later courts described this case

  • “The doctrine of Ejusdem Generis based on the maxim expressio unius est exclusio alterius is: that, where general words are used, followed by a designation of particular things or subject to be included or excluded as the case may be, the inclusion or exclusion will be presumed to be restricted to the particular thing or subject”
  • order on petitions to rehear
  • on petition to rehear

Written by the judges who cited it.

The opinion

Gailor, Justice

(dissenting).

I' am forced to dissent from the majority opinion. In my view, the doctrine of ejusdem generis has no application to a proper construction of the ordinance under consideration. That doctrine simply stated is that in a contract or statute where a series of specific terms concludes *509 with. ,a general term, that the general term shall, in its con-strnction, he limited to the kind (genns) of the enumerated special terms. There is no such language in- the ordinance before us here.

The defendant is using the property in controversy for a one-family dwelling as permitted by sub-section 1 of the ordinance, and under sub-section 9, as an incident of such use as a one-family dwelling, defendant is using his front yard for his hobby, which is the assembling and disassembling of automobiles.

Sub-section 9, which permits “uses customarily incident to any of the specified uses” does not undertake to specify what uses are customarily incident to the main use. As to whether or not the assembling and disassembling is a use customarily incident to use as a one-family dwelling, the ordinance is silent and ambiguous. 'Since the ordinance is in derogation of the common law right of free use by the property owner, it will not be extended by implication, and doubts will be resolved against the City and in favor of the property owner. Red Acres Imp. Club v. Burkhalter, 193 Tenn. 84 , 241 S. W. (2d) 921 .

In my view, the judgment of the Circuit Court should be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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