Opinion

Smith v. City of Pigeon Forge

  • 600 S.W.2d 231
  • 1980 Tenn. LEXIS 465
Court
Tennessee Supreme Court
Filed
Apr 14, 1980
Status
Published
Author
Fones
On the bench
Fones, Brock, Cooper, Henry, Harbison
Cited by
6 cases
Authority
More cited than 8.3%

The opinion

OPINION ON PETITION TO REHEAR

FONES, Justice.

The petition to rehear is denied.

The doctrine of elision is not favored. Davidson County v. Elrod, 191 Tenn. 109 , 232 S.W.2d 1 (1950); Edwards v. Davis, 146 Tenn. 615 , 244 S.W.2d 359 (1922). It is questionable whether an ordinance levying a special tax may be said to be complete after the elision of the clause dealing with the use of tax revenues therefrom. In any event, we decline to apply the doctrine of elision to this revenue ordinance.

The petition to rehear asks that we pass upon the validity of an ordinance adopted by the City of Pigeon Forge on March 10, 1980, after this appeal was filed in this Court and oral argument heard. The adoption of this ordinance is a post judgment fact that obviously was not presented to or passed upon by the trial court. It does not fall within the scope of *234 Rule 14, Rules of Appellate Procedure, and will not be considered.

BROCK, C. J., and COOPER and HARBI-SON, JJ., concur.

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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