Legal Opinion

Bayside Warehouse Co. v. City of Memphis

Court of Appeals of Tennessee

Decided March 8, 1971PublishedCited by 21 opinions

1Opinion of the CourtMatherne, J.

The City Council of the City of Memphis rezoned twenty-three acres of land owned by Bayside Warehouse Company from M-2 Industrial to C-3 Commercial. The owner petitioned the circuit court for common law writ of certiorari. The Trial Judge held the action of the City Council was without proper consideration of the present uses of the property; was arbitrary in nature, and unlawful.

The City on appeal attacks the holding of the Circuit Court, and also claims that court erred in receiving additional testimony at the hearing for certiorari.

The property in question is located on Mud Island at a…

2Cases cited4 opinions

  1. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  2. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
  3. Hoover Motor Exp. Co. v. Railroad & Public Utilities CommissionTennessee Supreme Court · 1953
  4. Peoples Bank of Van Leer v. BryanCourt of Appeals of Tennessee · 1965

3Cited by21 opinions

  1. Watts v. Civil Service Board for ColumbiaTennessee Supreme Court · 1980
  2. Mack Phillips v. Montgomery County, TennesseeTennessee Supreme Court · 2014
  3. Davis v. Metropolitan Government of Nashville & Davidson CountyCourt of Appeals of Tennessee · 1981
  4. Gann v. BurtonTennessee Supreme Court · 1974
  5. MC Properties, Inc. v. City of ChattanoogaCourt of Appeals of Tennessee · 1999

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