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State of Tennessee v. Feezell

22 McCanless 17 (1966)

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State of Tennessee v. Feezell

Tennessee Supreme Court

22 McCanless 17 (1966)

Facts

Feezell (defendant) planned to operate a crematory in a rural or rural-residential area in Blount County. Because this was a rural area, the residences were sparsely situated. A lawsuit was filed, in the name of the State of Tennessee, on behalf of 26 citizens of Blount County (plaintiffs). The lawsuit alleged that the operation of the crematory would constitute a nuisance and requested an injunction prohibiting such use. The lawsuit did not allege that any residences were located near the planned site for the crematory. The trial court dismissed the case, ruling that the lawsuit was premature. The Blount County citizens appealed.

Rule of Law

Issue

Holding and Reasoning (White, J.)

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