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BOLES v. CITY OF CHATTANOOGA

892 S.W.2d 416 (1994)

David Bernard BOLES, Sara Boles and David Lamar Franklin, Plaintiffs-Appellees, v. CITY OF CHATTANOOGA, Defendant-Appellant.

Court of Appeals of Tennessee, Eastern Section.

Application for Permission to Appeal Denied October 24, 1994.

Attorney(s) appearing for the Case

David Haines Rotroff, Chattanooga, for plaintiffs-appellees.

Randall L. Nelson, City Atty., Wm. Shelley Parker, Jr. and Phillip A. Noblett, Chattanooga, for defendant-appellant.

Application for Permission to Appeal Denied by Supreme Court October 24, 1994.

OPINION

SUSANO, Judge.

This is a declaratory judgment action involving zoning issues. The Defendant City of Chattanooga appeals the Judgment of the trial court permitting the Plaintiffs to continue the "non-conforming" use of their property as the site of an "adult-oriented establishment." The Chancellor, sitting without a jury, found that the failure of the Plaintiffs...

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