FATHER RYAN HIGH SCHOOL v. OAK HILL


774 S.W.2d 184 (1988)

FATHER RYAN HIGH SCHOOL, INC., and James D. Niedergeses, Bishop of the Roman Catholic Diocese of Nashville, Plaintiffs-Appellees, v. The CITY OF OAK HILL, acting By and Through the OAK HILL BOARD OF ZONING APPEALS, Defendant-Appellant.

Court of Appeals of Tennessee, Eastern Section, at Nashville.

Permission to Appeal Denied July 3, 1989.


Attorney(s) appearing for the Case

John W. Wagster, Nashville, for defendant-appellant.

John P. Long, Adams, Taylor, Philbin, Pigue & Marchetti, and Thomas V. White, Tune, Entrekin & White, Nashville, for plaintiffs-appellees.

Jeffrey A. Greene, Harwell Martin & Stegall, Nashville, amicus curiae on Behalf of Oak Hill Taxpayers for Residential Protection.

George A. Dean, Parker, Lawrence, Cantrell & Dean, Nashville, amicus curiae on Behalf of Walter Griffin.


Permission to Appeal Denied by Supreme Court July 3, 1989.

OPINION

FRANKS, Judge.

After the City of Oak Hill and its Board of Zoning Appeals refused to issue a conditional use permit to plaintiff for the construction of a high school, the Chancery Court of Davidson County, responding to a common law writ of certiorari by plaintiffs, ordered the city to issue the permit and defendant city seeks a reversal of that judgment in this court.

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