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Johnson City free to annex within urban growth boundary, including Gray

Gary B. Gray, NET News Service • Jan 11, 2013 at 6:59 AM

A U.S. district judge on Wednesday dismissed a suit in which Gray residents, upset with Johnson City’s recent and possible future annexations, challenged state statute as being unconstitutionally vague and that the action did not serve the health, safety and welfare of those being annexed.

“Oral argument is unnecessary, and the motions are ripe for the court’s determination,” Judge Leon Jordan wrote in his opinion for the U.S. District Court for the Eastern District of Tennessee in Greeneville.

In sum, Jordan cited case law that explained that factual allegations must do more than create speculation or suspicion and that the complaint did not allow the court “to draw the reasonable inference that the defendant is liable for the misconduct alleged.”

Read more at the Johnson City Press.

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