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SIMMONS v. CITY OF LEXINGTON

11 S.W.3d 136 (1999)

Lee SIMMONS and wife, Julia Simmons, Plaintiffs/Appellants, v. CITY OF LEXINGTON, Tennessee; City of Lexington Board of Zoning Appeals, Townsend Plumbing & Electric Company, Lyman Townsend, Lynn Townsend, and Barry Townsend, individually and d/b/a Townsend Plumbing & Electric Company; and Lynn Townsend and wife, Elaine Townsend, Defendants/Appellees.

Court of Appeals of Tennessee, Western Section, at Jackson.

Application for Permission to Appeal Denied January 24, 2000.

Attorney(s) appearing for the Case

Robert B. Vandiver, Jr., Law Office of T. Verner Smith, Jackson, for Appellant.

Paul F. Rice, Utley & Latimer, P.C., Jackson, for Appellees, Townsend Plumbing & Electric Company, Lyman Townsend, Lynn Townsend and Barry Townsend, individually and d/b/a Townsend Plumbing & Electric Company, Lynn Townsend and Elaine Townsend.

Kenneth L. Walker, Walker Law Office, Lexington, for Appellee, City of Lexington, Tennessee.

Application for Permission to Appeal Denied by Supreme Court January 24, 2000.

HIGHERS, Judge.

The trial court granted Defendants' Lyman, Barry, Lynn and Elaine Townsend, individually and d/b/a Townsend Plumbing and Electric, ("Townsends" or "Appellees") Motion for Summary Judgment, thereby dismissing the complaint of Plaintiffs Lee and Julia Simmons ("Simmonses" or "Appellants") and allowing Townsends to continue construction on the property located at 158...

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