Harold Lloyd Haynes and Wife v. City

McMurray, J. The plaintiffs in each of these cases instituted an action in the Circuit Court of Sevier County seeking to have ordinance
No. 411 of the City of Pigeon Forge invalidated. The plaintiffs asserted, among other things, that the ordinance was in contravention
of the State Constitution. No statute was challenged. While it is not clear from the record whether or not the cases were
formally consolidated for trial, they were heard together by the trial court and have been consolidated for purposes of appeal.
The issues are identical. After a hearing on a motion for summary judgment, the trial court resolved the issues in favor of
the appellees by sua sponte ruling that T.C.A. § 13-7-208, sub-section f was unconstitutional. For reasons hereinafter
stated, we affirm the action of the trial court in invalidating the ordinance but pretermit the constitutional issue and rest
our decision on other grounds. As to the constitutional issue, under Tennessee law, our courts do not decide constitutional
questions unless the issue's resolution is absolutely necessary for determination of the case and the rights of the parties.
Watts v. Memphis Transit Management Co., 224 Tenn. 721, 462 S.W.2d 495, 48 (Tenn. 1971); Glasgow v. Fox, 214 Tenn. 656, 383
S.W.2d 9, 13-14 (Tenn. 1964); State ex rel. West v. Kivett 203 Tenn. 49, 55-56, 308 S.W.2d 833 (1958); City of Greenfield
v. Callins, 195 Tenn. 285, 287, 259 S.W.2d 525 (1953); State Board of Architectural & Engineering Examiners v. Blalock,
190 Tenn. 626, 631, 231 S.W.2d 326 (1950); State ex rel. Loser v. National Optical Stores Co., 189 Tenn. 433, 444, 225 S.W.2d
263 (1949); Bah v. Bah 668 S.W.2d 663, 668 (Tenn. App. 1983). Furthermore, this state's case law mandates that courts avoid
deciding constitutional issues when a case can be resolved on non-constitutional grounds. Watts v. Memphis Transit Management
Co., supra. See also Dichtel v. Memphis & Shelby County, an unreported case of this court by Judge Tomlin, opinion filed
January 23, 1989.