State ex rel. Peel v. Shelby County
Decision Date | 13 October 1976 |
Citation | 564 S.W.2d 371 |
Parties | STATE of Tennessee ex rel. Edward B. PEEL, Plaintiff-Appellee, v. SHELBY COUNTY, Tennessee and the Members of the Shelby County Quarterly Court, Defendants-Appellants. 564 S.W.2d 371 |
Court | Tennessee Court of Appeals |
C. Cleveland Drennon, Jr., County Atty., J. Minor Tait, Jr., Asst. County Atty., Memphis, for defendants-appellants.
Edward B. Peel, Memphis, for plaintiff-appellee.
Plaintiff and Relator, Edward B. Peel, a citizen of Shelby County, Tennessee, brought this suit alleging that the present plan of apportionment providing for some justices of the peace to be elected from the county at large is illegal. Plaintiff contends the plan is a violation of Article 6, Section 15, of the Tennessee Constitution and T.C.A. Sections 19-102 and 19-103. Plaintiff's suit is predicated entirely upon the recent case of State ex rel. Jones et al. v. Washington County, Tennessee et al., Court of Appeals of Tennessee, Western Section, decided January 22, 1973, affirmed by the Tennessee Supreme Court July 15, 1974, reported in 514 S.W.2d 51. Defendants, members of the Shelby County Quarterly Court, contended that State ex rel. Jones v. Washington County is not controlling because the Shelby County apportionment plan was specifically approved as being constitutional in Hyden v. Baker (D.C.1968), 286 F.Supp. 475, decision by a Three Judge Federal District Court, whereas the apportionment plan of Washington County declared illegal in State ex rel. Jones v. Washington County was adopted in 1972 and had not been previously approved by any court other than the Chancery Court of Washington County.
Both parties filed motion for summary judgment. The Chancellor granted Plaintiff's motion for summary judgment on the authority of State ex rel. Jones v. Washington County and ordered the Defendants to submit a plan of redistricting the Shelby County Quarterly Court after the present litigation has been finally determined by the appellate courts.
By their three assignments of error the Defendants make the same contention as made in the Court below.
The Shelby County apportionment plan divides the county into seven substantially equally populated districts. From each district one justice of the peace is elected and then the entire county is designated as justice of the peace districts 8, 9, 10, and 11. From each of these four districts, one justice of the peace is elected by all the voters of Shelby County.
The apportionment plan for Washington County, Tennessee, held illegal in State ex rel. Jones v. Washington County provided for sixteen separate civil districts, two justices being elected from each district for a total of thirty-two, plus eleven justices of the peace to be elected from the county at large for a total of forty-three justices of the peace.
Article 6, Section 15, of the Constitution and T.C.A. Sections 19-102 and 19-103, provide as follows:
T.C.A. Section 19-102:
T.C.A. Section 19-103:
" At large" districts have been approved by the United States Supreme Court as complying with the one-man, one-vote, rule. Dallas County, Alabama v. Reese (1975), 421 U.S. 477, 95 S.Ct. 1706, 44 L.Ed.2d 312; Dusch v. Davis (1967), 387 U.S. 112, 87 S.Ct. 1554, 18 L.Ed.2d 656; Reynolds v. Sims (1964), 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506, Rehearing Denied October 12, 1964, 379 U.S. 870, 871, 85 S.Ct. 12, 13, 13 L.Ed.2d 76, is authority for the general statement that where there is an unavoidable conflict between the Federal Constitution and a State Constitution, the supremacy clause controls in favor of the United States Constitution. The cases of Sudekum v. Hayes (6 Cir. 1969), 414 F.2d 41; Hyden v. Baker...
To continue reading
Request your trial