(a) Jurisdiction is conferred on the circuit and chancery courts of this state to grant injunctive relief against any person, firm or corporation undertaking to engage in business as a liquefied petroleum gas dealer in violation of the terms of this part. Such injunction suits shall be filed by the state fire marshal in the name of the state of Tennessee without bond being required for the prosecution of the suit or for the issuance of injunctions. Nothing in this section shall be construed as conferring criminal jurisdiction upon any court not now possessing such criminal jurisdiction, nor shall any court as an incident to the injunctive proceedings authorized in this section have the power to assess the criminal penalties provided in this part.

Terms Used In Tennessee Code 68-135-111

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dealer: as used in this part , means a person, firm or corporation engaged in the business of sale, storage or delivery of liquefied petroleum gas and/or the installation of liquefied petroleum gas equipment. See Tennessee Code 68-135-101
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(b) Any dealer licensed under this part who feels that such dealer is aggrieved by any violation of the terms of this part may pursue the relief granted under this part without the necessity of joining the state fire marshal in the proceedings; provided, that such dealer executes such bond as is required by the general statutes authorizing such act.
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