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COUNTY OF SHELBY v. McWHERTER

936 S.W.2d 923 (1996)

COUNTY OF SHELBY, a Political Subdivision of the State of Tennessee; Board of County Commissioners of Shelby County, Tennessee; and Charles R. Perkins, as Chairman of the Board of County Commissioners of Shelby County, Tennessee, Plaintiffs-Appellants, James W. Anderson, Superintendent of Shelby County Board of Education, Rubye Dobbins, Carolyn Bobo, Tom Brooks, Homer Bunker, Finis F. Fields, Cheryl Hall and Karen Hill, Individually and comprising the Shelby County Board of Education, Plaintiffs-Intervenors-Appellants, v. Ned McWHERTER, Governor of the State of Tennessee; Riley C. Darnell, Secretary of the State of Tennessee; Charles W. Burson, Attorney General of the State of Tennessee; and Shelby County Election Commission, Defendants-Appellees.

Court of Appeals of Tennessee, Western Section, at Jackson.

Application for Permission to Appeal Denied October 28, 1996.

Attorney(s) appearing for the Case

Brian L. Kuhn, Memphis, for Plaintiffs-Appellants.

R. Lee Winchester, Memphis, for Plaintiff-Intervenor-Appellants.

Charles W. Burson, Attorney General, Michael E. Moore, Solicitor General, Andy D. Bennett, Associate Chief Deputy, for Defendants-Appellees.

Application for Permission to Appeal Denied by Supreme Court October 28, 1996.

CRAWFORD, Presiding Judge, Western Section.

This appeal involves a declaratory judgment suit. Shelby County's complaint1 seeks an interpretation and declaration of the constitutionality of certain sections of the Educational Improvement Act of 1992 (EIA), as amended, now codified in Title 49 of the Tennessee...

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