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GOLD POINT MARINA v. TENNESSEE VALLEY AUTHORITY

Civ. No. 1-84-572.

635 F.Supp. 39 (1986)

GOLD POINT MARINA, INC., Plaintiff, v. TENNESSEE VALLEY AUTHORITY and The City of Chattanooga, Tennessee; Mayor Gene Roberts, Charles A. Rose, Commissioners John Franklin, James Eberle, Paul Clark and Tom Kennedy, in their capacity as the Board of Commissioners of the City of Chattanooga, Tennessee and/or the Chattanooga Board of Zoning Appeals, Defendants.

United States District Court, E.D. Tennessee, S.D.

January 6, 1986.

Attorney(s) appearing for the Case

W. Neil Thomas, III, Thomas, Mann & Gossett, Chattanooga, Tenn., for plaintiff.

Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Assoc. Gen. Counsel, Robert C. Glinski, Tennessee Valley Authority, Knoxville, Tenn., for Tennessee Valley Authority.

Michael A. McMahan, Chattanooga, Tenn., for defendants.

MEMORANDUM

EDGAR, District Judge.

Plaintiff brings this action against the Tennessee Valley Authority (hereinafter "TVA") challenging the validity of a provision in a deed through which the plaintiff acquired a tract of land on Chickamauga Lake in Hamilton County, Tennessee in 1964. This matter is presently before the Court for consideration of TVA's motion to dismiss or, in the alternative, for summary judgment.

Pursuant to statute TVA is empowered...

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