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SNOW v. CITY OF MEMPHIS

527 S.W.2d 55 (1975)

Charlotte SNOW et al., Plaintiffs-Appellees, v. CITY OF MEMPHIS et al., Defendants-Appellants. KENMONT APARTMENTS, Plaintiff-Appellant, v. The METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY et al., Defendants-Appellees.

Supreme Court of Tennessee.

Rehearing Denied September 2, 1975.

Attorney(s) appearing for the Case

Martin, Tate, Morrow & Marston, Kriger & Harkavy, Evans, Petree, Cobb & Edwards, Memphis, of counsel, for Charlotte Snow and others.

Thomas V. White, Nashville, for Kenmont Apartments.

John D. Martin, Jr., David C. Porteous, Memphis, for Kenmont Apartments and Charlotte Snow, and others.

Everett H. Falk, Asst. Atty. Gen., Nashville, Frierson M. Graves, Jr., City Atty., J. Minor Tait, Jr., Asst. County Atty., Memphis, for City of Memphis, and others.

Dept. of Law of the Metropolitan Government of Nashville and Davidson County, William F. Howard, Donald L. Corlew, Nashville, for the Metropolitan Government of Nashville and Davidson County, and others.

OPINION

FONES, Chief Justice.

These two cases were consolidated for oral argument, and will be disposed of in one opinion.

All plaintiffs, except the tenant-plaintiffs, are owners of real property containing two or more rental units used for dwelling purposes. Such property is defined as commercial property in Article II, Section 28(c) of the Constitution of Tennessee, as a result of the well known and...

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