McCallen v. City of Memphis

OPINION

GARY R. WADE, Special Judge.

Permission to appeal to this court has been granted to the defendants, City of Memphis, Tennessee, the Memphis City Council, Sam P. Gay, Jr., Waymon H. Welch, Jr., and Homer B. Branan, III, under Rule 11 of the Tennessee Rules of Appellate Procedure. There are two issues:

1. Whether the proper method of review of a resolution of the Memphis City Council giving approval to a planned development is certiorari or declaratory judgment.

2. Whether the Court of Appeals erred in its application of the scope of review.

We initially hold that the action of the city…