MC Properties, Inc. v. City of Chattanooga

OPINION

FRANKS, J.

The City Council denied plaintiffs request to rezone 10.2 acres of a certain tract of land on and near Shallowford Road in Chattanooga. Plaintiff filed a petition for certiorari in the Chancery Court and after trial, the Chancellor ordered rezoning of the property. The City has appealed to this court.

The issues raised on appeal are:

1. Whether the Trial Court erred in admitting evidence and testimony which had not been presented to the City Council.

2. Whether the Trial Court erred in finding that the action of the City Council was illegal, arbitrary or capricious.

3. Whether…