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TILLMAN v. CITY OF GERMANTOWN

601 S.W.2d 35 (1980)

Marshall M. TILLMAN, Jr., Individually and d.b.a. Forest Hill Drive-In, Plaintiff-Appellee, v. CITY OF GERMANTOWN, Tennessee, a Municipal Corporation, Defendant-Appellant.

Court of Appeals of Tennessee, Western Section.

Permission to Appeal Denied March 31, 1980.

Attorney(s) appearing for the Case

Henry M. Beaty, Jr. and R. Lee Winchester, Jr., Memphis, for defendant-appellant.

Lucius E. Burch, Jr. and Charles G. Burr, Memphis, for plaintiff-appellee; Burr, Porter & Johnson, Memphis, of counsel.

Permission to Appeal Denied by Supreme Court March 31, 1980.

MATHERNE, Judge.

The defendant city caused to be served upon the plaintiff Tillman a warrant charging Tillman with certain violations of the zoning ordinances of the city. After having been served with the city warrant and before a hearing in the city court, Tillman filed the present lawsuit in the Chancery Court sitting in Shelby County, Tennessee, seeking a declaratory judgment as to the constitutionality...

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