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PHILLIPS v. MONTGOMERY COUNTY

No. M2012-00737-SC-R11-CV

442 S.W.3d 233 (2014)

Mack PHILLIPS et al., v. MONTGOMERY COUNTY, Tennessee et al.

Supreme Court of Tennessee, at Nashville.

August 18, 2014.

Attorney(s) appearing for the Case

Stanley M. Ross and Steven T. Atkins , Clarksville, Tennessee, for the appellants, Mack Phillips and Leann Phillips.

Erik Fuqua , Austin Peay VII , and Dan L. Nolan, Jr. , Clarksville, Tennessee, for the appellees, Montgomery County, Tennessee and Clarksville Montgomery County Regional Planning Commission.

OPINION

CORNELIA A. CLARK, J., delivered the opinion of the Court, in which GARY R. WADE, C.J., and JANICE M. HOLDER, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

We granted permission to appeal to determine whether article I, section 21 of the Tennessee Constitution requires a government to compensate a property owner for a regulatory taking of private property. We hold that article I, section 21 encompasses...

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