# Fountain City Sanitary District v. Knox County Election Commission

> Tennessee Supreme Court · December 6, 1957 · 203 Tenn. 26

URL: https://www.frixlaw.com/law-library/cases/9776936

## Case

- **Full name:** Fountain City Sanitary District Et Al. v. the Knox County Election Commission Et Al.
- **Court:** Tennessee Supreme Court
- **Decided:** December 6, 1957
- **Citations:** 203 Tenn. 26; 7 McCanless 26; 308 S.W.2d 482; 1957 Tenn. LEXIS 462
- **Precedential status:** Published
- **Opinion:** Concurrence by Prewitt
- **Judges:** Tomlinson, Swepston, Prewitt
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9776936

## How later opinions describe it (automated extraction)

- explaining that drainage districts, as quasi-municipal corporations, were not intended to be included -within the ambit of the home rule amendment
- explaining that drainage districts, as quasi-municipal corporations, were not intended to be included within the ambit of the home rule amendment

## Opinion text

Prewitt, Justice
(concurring).
I concur in the above well reasoned opinion and feel that this majority opinion places the decision in the case on the proper ground, that is, by application of the rule of elision. I feel that the 1957 amendment would have been passed if the referendum features were not included and this would justify us in treating this provision as surplusage.
However, I do want to make it clear that in my opinion under the broad terms of Chapter 176 of the Private Acts 1945, this district should he treated as a municipal or quasi municipal corporation, for the purpose of Article 11, Section 9 of the Constitution.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9776936. Public record. Not legal advice.