James P. Little M.D. v. City of Chattanooga, Tennessee

Syllabus

This is a mandamus action in which the plaintiffs seek to compel the City of Chattanooga (\the City\), pursuant to Tennessee Code Annotated § 6-51-108(e), to complete the plans of services arising from a 1972 annexation and to publish annual reports of its progress pursuant to Tennessee Code Annotated § 6-51-108(c). Two areas of the 1972 annexation are at issue: (1) an area known as \Tiftonia\ or \Area 4\ and (2) an area known as \Wauhatchee–Williams Island\ or \Area 12.\ The plaintiffs also seek a declaration that all annexations by the City since 1981 were void due to the City's violation of Tennessee Code Annotated § 6-51-102(b)(5), which prohibits a municipality from annexing additional territory while in default on a prior plan of services. After three years of trial preparation, but prior to trial, the court imposed monetary sanctions against the City under Tennessee Rule of Civil Procedure 37.03 in the amount of $263,273.08 for attorneys' fees, costs, and expenses caused by the City's failure to supplement discovery responses. Thereafter, the case was tried in three phases. Following the first phase of the trial in 2017, the court found the City complied with its obligations as to Area 4 however, it found the City \materially and substantially failed to comply\ with its obligations to provide street paving, street construction, and sanitary sewers in Area 12. Following the second phase of the trial in 2019, the court found the City's failure to comply with its obligations as to Area 12 was not excused in that it was not caused by \unforeseen circumstances.\ As a consequence, the court ordered the City to submit a proposed scope of services to be provided, which would, inter alia, be the subject of the Phase 3 trial. After the third and final phase of the trial in 2020, the court found the City's proposed scope of services was insufficient and issued a writ of mandamus ordering the City to bring all streets up to current standards and install, inter alia, a gr