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Ripley board debates legal form of Power & Light land use agreement as outside counsel is retained
Summary
The Ripley Board of Mayor and Aldermen approved an engagement letter for Miller & Martin outside counsel for Ripley Power & Light while debating whether the utility can hold property or must rely on a city resolution, with the city's legal consultant citing Tennessee case law that utilities are city departments, not separate legal entities.
The Ripley Board of Mayor and Aldermen voted to hire Miller & Martin PLLC as outside counsel for Ripley Power & Light and spent an extended portion of the meeting debating how the utility may use or hold city property.
Mayor Fitchy introduced an engagement letter for attorney Mark W. Smith of Miller & Martin and the board approved the contract on a roll-call vote after a motion by Alderman Austin and a second by Alderman Thompson. A board member flagged a contract clause that permits the firm to represent entities that also contract with the city, saying the board must "knowingly waive" potential conflicts before approving…
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