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CITIZENS FOR SAFETY v. CITY OF CLINTON

No. E2012-02435-COA-R3-CV.

434 S.W.3d 122 (2013)

CITIZENS FOR SAFETY AND CLEAN AIR, Walt Warren, Patricia Warren, Charles Goins and Judy Goins v. CITY OF CLINTON, Tennessee, Clinton Municipal Planning Commission, and Rogers Group, Inc.

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

October 11, 2013.

Application for Permission to Appeal Denied by Supreme Court March 5, 2014.

Attorney(s) appearing for the Case

Gary A. Davis and James S. Whitlock , Asheville, North Carolina, for the appellants, Citizens for Safety and Clean Air, Walt Warren, Patricia Warren, Charles Goins, and Judy Goins.

John T. Batson , Knoxville, Tennessee, for the appellees, City of Clinton, Tennessee and Clinton Municipal Planning Commission.

Bruce D. Fox , Clinton, Tennessee; and, H. Wayne Phears , Atlanta, Georgia, for the appellee, Rogers Group, Inc.

OPINION

D. MICHAEL SWINEY, J., delivered the opinion of the Court, in which JOHN W. MCCLARTY and THOMAS R. FRIERSON, II, JJ., joined.

This appeal arises from a dispute over the zoning of a certain tract of land in Clinton, Tennessee. Clinton annexed property ("the Property") belonging to Rogers Group, Inc., and assigned zoning classifications to the newly annexed tract. The group Citizens for Safety and Clean Air, and individual local residents Walt Warren...

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