MILCROFTON UTILITY DISTRICT OF WILLIAMSON COUNTY, TENNESSEE v. NON-POTABLE WELL WATER, INC. - Articles

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Posted by: Azya Thornton on Apr 29, 2025

Head Comment: CORRECTION: 1983 was changed to 1937 on the first page, second line of the paragraph under the heading “Factual and Procedural Background”

Court: TN Court of Appeals

Attorneys 1: William P. Holloway, Franklin, Tennessee, for the appellant, Milcrofton Utility District of Williamson County, Tennessee.

Attorneys 2: Phillip B. Jones, Nashville, Tennessee, for the appellee, Non-Potable Well Water, Inc.

Judge(s): BENNETT

A utility district sued a private corporation alleging that the corporation was illegally providing water services to customers in the utility district’s service area. The trial court ruled in favor of the corporation. On appeal, the district asserts that the trial court erred in requiring the district to prove that the company qualified as a “public utility” under the pertinent statute. We have concluded that the trial court erred in its interpretation of the statute. We, therefore, reverse and remand.