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McCALLEN v. CITY OF MEMPHIS

786 S.W.2d 633 (1990)

J.T. McCALLEN, Trustee, d/b/a Winchester Square Townhouses, Wooddale Church of Christ, Wooddale Condominiums, Townhouse Village, Winchester Condominiums, and Cromwell Park Joint Venture, d/b/a Cromwell Park Apartments, Plaintiffs/Appellees, v. CITY OF MEMPHIS, Tennessee, the Memphis City Council, Sam P. Gay, Jr., Waymon H. Welch, Jr., and Homer B. Branan, III, Defendants/Appellants.

Supreme Court of Tennessee, at Jackson.

March 5, 1990.

Attorney(s) appearing for the Case

Clifford D. Pierce, Jr., City Atty., Monice M. Hagler, Asst. City Atty., City of Memphis, Henry H. Hancock, Rebecca P. Tuttle, Memphis, for defendants/appellants.

Carl H. Langschmidt, Jr., Boone, Wellford, Clark, Langschmidt & Apperson, Memphis, for plaintiffs/appellees.

OPINION

GARY R. WADE, Special Judge.

Permission to appeal to this court has been granted to the defendants, City of Memphis, Tennessee, the Memphis City Council, Sam P. Gay, Jr., Waymon H. Welch, Jr., and Homer B. Branan, III, under Rule 11 of the Tennessee Rules of Appellate Procedure. There are two issues:

1. Whether the proper method of review of a resolution of the Memphis City Council giving approval to a planned development is certiorari or...

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