Tennessee Supreme Court

Bobby Riggs and M-Helicopters of Tennessee, Inc., Plaintiffs-Appellees v. Charles W. Burson, Tennessee Attorney…

March 10, 19971997 Tenn. LEXIS 126

Summary

The Tennessee Supreme Court affirmed the trial court’s dismissal of the plaintiffs’ constitutional and preemption claims, holding that the statute prohibiting heliports within nine miles of a national park is constitutional, not preempted by federal law, and does not violate due process, equal protection, or the prohibition on suspending general law. The Court also clarified that a motion to dismiss does not require acceptance of plaintiffs’ legal conclusions as true.