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BROOKS v. FISHER

705 S.W.2d 135 (1985)

Harry E. BROOKS and wife Palma J. Brooks, Plaintiffs-Appellants, v. Baxter FISHER, Gene Harris and Ed Hudgins, in their official capacities as members of the Board of Zoning Appeals of the City of Martin, Tennessee, Defendants-Appellees.

Court of Appeals of Tennessee, Western Section.

Application for Permission to Appeal Denied December 30, 1985.

Attorney(s) appearing for the Case

William B. Acree, Jr., Union City, for plaintiffs-appellants.

William Michael Maloan, Martin, for defendants-appellees.

CRAWFORD, Judge.

This case was before the trial court on common law writ of certiorari as embodied in T.C.A. § 27-8-101 (1984 Supp.) to review the action of the City of Martin's Board of Zoning Appeals denying plaintiff landowners a permit to use certain property as a fraternity house.

Plaintiffs had leased their property to Phi Kappa Tau Properties, Inc., with the understanding that the property would be used as a fraternity house by Phi Kappa Tau Fraternity...

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