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MC PROPERTIES, INC. v. CITY OF CHATTANOOGA

994 S.W.2d 132 (1999)

MC PROPERTIES, INC., Plaintiff-Appellee, v. The CITY OF CHATTANOOGA and the Chattanooga City Council, Defendants-Appellants.

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

Permission to Appeal Denied July 6, 1999.

Attorney(s) appearing for the Case

John R. Anderson and Harry R. Cash, Grant, Konvalinka & Harrison, P.C., Chattanooga, for Plaintiff-Appellee.

Phillip A. Noblett and Lawrence W. Kelly, Chattanooga, for Defendants-Appellants.

Permission to Appeal Denied by Supreme Court July 6, 1999.

OPINION

FRANKS, J.

The City Council denied plaintiff's request to rezone 10.2 acres of a certain tract of land on and near Shallowford Road in Chattanooga. Plaintiff filed a petition for certiorari in the Chancery Court and after trial, the Chancellor ordered rezoning of the property. The City has appealed to this court.

The issues raised on appeal are:

1. Whether...

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