Brooks v. Fisher

CRAWFORD, Judge.

This case was before the trial court on common law writ of certiorari as embodied in T.C.A. § 27-8-101 (1984 Supp.) to review the action of the City of Martin’s Board of Zoning Appeals denying plaintiff landowners a permit to use certain property as a fraternity house.

Plaintiffs had leased their property to Phi Kappa Tau Properties, Inc., with the understanding that the property would be used as a fraternity house by Phi Kappa Tau Fraternity. The lease agreement contained an option to purchase. The agreement is contingent upon obtaining a permit that the property can be used…