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WHITTEMORE v. BRENTWOOD PLANNING COM'N

835 S.W.2d 11 (1992)

Barbara WHITTEMORE, Jack P. Wheby, Jr., Irwin L. Berger, Nashville Golf and Athletic Club, and Brentwood Home-Owners Association, Plaintiffs/Appellants, v. BRENTWOOD PLANNING COMMISSION, CITY OF BRENTWOOD, and Liberty Place Associates, Ltd., Defendants/Appellees.

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

On Petition for Rehearing March 4, 1992.

Permission to Appeal Denied May 26, 1992.

Attorney(s) appearing for the Case

William M. Leech, Jr., James W. White, Waller, Lansden, Dortch & Davis, Nashville, for plaintiffs, appellants.

Robert H. Jennings, Jr., Jennings & Tomkins, Nashville, for defendant, appellee City of Brentwood.

Richard Lodge, Jeanette C. James, Bass, Berry & Sims, Nashville, for defendant, appellee Liberty Place Associates, Ltd.

Permission to Appeal Denied by Supreme Court May 26, 1992.

OPINION

KOCH, Judge.

This appeal arises from the Brentwood Planning Commission's approval of a site plan for a regional shopping mall. After the planning commission approved the site plan, a group of neighboring property owners filed suit in the Chancery Court for Williamson County asserting that the site plan was inconsistent with a zoning ordinance restricting uses in commercial retail...

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