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STATE EX REL. POLIN v. HILL

547 S.W.2d 916 (1977)

STATE of Tennessee ex rel. Nathaniel POLIN and Jay D. Harbison et al., Appellants, v. Melvin HILL et al., Appellees.

Supreme Court of Tennessee.

March 14, 1977.

Attorney(s) appearing for the Case

R. Thomas Stinnett, Stone & Hinds, P.C., Knoxville, for appellants.

W.W. Kennerly, Kennerly, Montgomery, Howard & Finley, Knoxville, Tenn., R.B. Hailey, Hailey, Waters, Jarvis, & Sykes, Sevierville, for appellees.

OPINION

FONES, Justice.

In this action for the writ of mandamus the issue is whether or not a municipality can refuse issuance of a license pursuant to the State Business Tax Act, T.C.A. § 67-5801 et seq. on the grounds the applicant was in violation of one or more municipal ordinances.

The complaint filed by four (4) relators identifies them as having been engaged in business in Gatlinburg for several years prior to the events giving rise to...

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