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HUTCHERSON v. LAUDERDALE COUNTY, TENNESSEE

No. 00-5686.

326 F.3d 747 (2003)

Wiley HUTCHERSON; Western Tennessee Enterprises, Inc.; and Hutcherson Metals, Inc., Plaintiffs-Appellants, v. LAUDERDALE COUNTY, TENNESSEE; Lauderdale County Commission; Lauderdale County Regional Planning Commission; Rozell Criner; Don Ammons; Robert Flagg; Dennis McCaslin; and Doug Collins, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 9, 2003.

Attorney(s) appearing for the Case

Patrick W. Rogers (argued and briefed), Jerry D. Kizer, Jr. (briefed), Rainey, Kizer, Butler, Reviere & Bell, Jackson, Tennessee, for Appellants.

Michael E. Keeney (argued and briefed), Kemper B. Durand (briefed), Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, Tennessee, for Appellee.

Before MOORE and COLE, Circuit Judges; ROSEN, District Judge.

OPINION

COLE, Circuit Judge.

This action stems from the efforts of a commercial landfill operator to win approval for its proposed landfill expansion after a change in Tennessee law required the expansion of pre-existing landfills to comply with new zoning requirements. Plaintiffs-Appellants Wiley Hutcherson ("Hutcherson"), the property owner, Hutcherson Metals, Inc. ("Hutcherson Metals"), and Western Tennessee Enterprises, Inc. ("WTE"), argue that Hutcherson...

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