Tate v. City of Malvern

Lyle Brown, Justice.

This is a zoning case. The appellants are J. Cecil Tate and wife and appellee is the City of Malvern. Appellants were unsuccessful in .having the subject property rezoned from residential to business classification. The chancery court held that the planning commission’s refusal to reclassify the property was not unreasonable, capricious, or arbitrary. The landowners here contend that the trial court’s ruling was against the preponderance of the evidence.

Cecil" Tate has for a number of years held the Ford franchise for Malvern. It is his desire to move from the congested…