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CELLCO PARTNERSHIP v. SHELBY COUNTY

172 S.W.3d 574 (2005)

CELLCO PARTNERSHIP d/b/a Verizon Wireless, et al. v. SHELBY COUNTY, Tennessee, et al.

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

January 12, 2005.

Application for Permission to Appeal Denied August 29, 2005.

Attorney(s) appearing for the Case

Edward M. Bearman, Memphis, TN, for Appellant, Highway 64 Partners, LLP.

Shelby R. Grubbs, Ryan A. Kurtz, Chattanooga, for Appellee Cellco Partnership d/b/a Verizon Wireless.

Gordon B. Olswing, Memphis, TN, for Appellees, Shelby County, Tennessee and the Light, Gas And Water Division of the City of Memphis, TN.

Application for Permission to Appeal Denied by Supreme Court August 29, 2005.

OPINION

ALAN E. HIGHERS, J., delivered the opinion of the court, in which W. FRANK CRAWFORD, P.J., W.S., and DAVID R. FARMER, J., joined.

In this case we are asked to construe several instruments related to a parcel of real property. In 1976, Shelby County obtained title to a parcel of property conveyed out of a larger tract and proceeded to construct a water tower on the...

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