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METROP. GOV. NASH., DAVIDSON CTY v. BARRY CONSTRUCTION COMPANY, INC.

240 S.W.3d 840 (2007)

METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY v. BARRY CONSTRUCTION COMPANY, INC. et al.

Court of Appeals of Tennessee, at Nashville.

February 21, 2007.

Order Denying Petition for Rehearing March 14, 2007.

Permission to Appeal Denied August 13, 2007.

Attorney(s) appearing for the Case

J. Brooks Fox and John Kennedy, Nashville, Tennessee, for the appellant, Metropolitan Government of Nashville and Davidson County.

Christopher W. Cardwell and Mary Beth Hagan, Nashville, Tennessee, for the appellee, Barry Construction Company, Inc.

Shawn R. Henry, Nashville, Tennessee, for the appellee, JCH Development Company, Inc.

Permission to Appeal Denied by Supreme Court August 13, 2007.

OPINION

WILLIAM C. KOCH, JR., P.J., M.S., delivered the opinion of the court, in which PATRICIA J. COTTRELL and FRANK G. CLEMENT, JR., JJ., joined.

This appeal arises from a dispute involving an unfinished public road in a large residential and commercial development in southeast Davidson County. The road was an integral part of the plans used by the developers to induce the city to rezone...

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