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10 No. 4 Tennessee Attorney General Reports and Opinions [i] (1980-1981)

handle is hein.sag/sagtn0013 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276, Public Acts of 1971 JANUARY - FEBRUARY, 1981 NUMBER 4 VOLUME X OPINION NO. PAGE NO. Banks, Financial Institutions: Banking Institutions - Unauthorized conduct of Banking or Fiduciary Adtivity. Solicitation of money market account and broker's margin account, with withdrawal option by check, as unlawful bank- ing. T.C.A. $5 45-2-1701 and 45-1-103(2),(7). 290 538 Cities and Towns: Change of Municipal Boundaries - Annexation by Ordinance. Avoiding prior adoption of plan of service by multiple small annexations, or by staggering passage on final reading of multiple annexation ordinances. T.C.A. § 6-51-102 (b). 228 411 Cities and Towns: Change of Municipal Boundaries - Annexation by Ordinance. Constitutionality of amending annexation statute to exclude counties in which annexation is governed by private act. Constitution of Tennessee, Art. XI, Sec. 9; T.C.A. $ 6-51-102. 255 466 Cities and Towns: Change of Municipal Boundaries - Annexation by Ordinance. Land area in annexation statute as reference to square miles, not population; percentage limitation on in- creasing area of city by annexation in two years as applying to total area annexed in period. T.C.A. § 6-51-102(a). 238 430 Cities and Towns: Change of Municipal Boundaries - Quo Warranto to contest Annexation Ordinance. Attorney General's role in judicial challenge by aggrieved property owners to annexation ordinance. T.C.A. H5 6-51-103(a) and 23-2801 et seq. 275 507 Cities and Towns: Change of Municipal Boundaries - Quo Warranto to Contest Annexation Ordinance. Proper procedure for aggrieved property owners judicially to challenge annexation ordinance. T.C.A. § 6-51-103(a). 275 507 Civil Procedure in General Sessions Court: Execution - Execution on Real Property. Assessment of litigation taxes when general sessions court issues execution on bail bond secured by real estate. T.C.A. § 19-3-104. 229 413 Constitution of the United States: Amendments - Equal Protection. City refunding portion of water tap-in fee to one user, but not others. Constitution of the United States, Amend. XIV, Sec. 1; Constitution of Tennessee, Art. II, Sec. 29. 226 408 Constitution of Tennessee: Declaration of Rights - Redress of Injuries, Suits against the State. Entitlement to damages from State to person imprisoned under conviction who is later found innocent. Constitution of Tennessee, Art. I, Sec. 17; T.C.A. § 9-8-207. 245 446 Constitution of Tennessee: Distribution of Powers - Each House to Make its Own Rules. Adoption by House of Representatives of rule requiring more than a majority of members to recall a bill from committee. Constitution of Tennessee, Art. II, Secs. 12 and 18. 273 502 Constitution of Tennessee: Distribution of Powers - Number of Senators. Power of Legislature to set number of senators at fewer than thirty-three (33). Constitution of Tennessee, Art. II, Sec. 6; T.C.A. 5 3-1-101. 265 485

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