IN THE SUPREME COURT OF TENNESSEE AT KNOXVILLE May 8, 2012 Session

READY MIX, USA, LLC v. JEFFERSON COUNTY, TENNESSEE

Appeal by Permission from the Court of Appeals, Eastern Section Chancery Court for Jefferson County No. 99113 Jon Kerry Blackwood, Senior Judge

No. E2010-00547-SC-R11-CV - Filed August 30, 2012

W ILLIAM C. K OCH, J R., J., concurring

I concur with the Court’s conclusion that the evidence does not preponderate against the trial court’s finding that Ready Mix, USA, LLC’s activities on its property established pre-existing use and, therefore, qualify for protection under Tenn. Code Ann. § 13-7-208 (2011). I base my decision entirely on our prior precedents construing Tenn. Code Ann. § 13-7-208 without any consideration, directly or indirectly, of the diminishing assets doctrine.

______________________________ WILLIAM C. KOCH, JR., JUSTICE