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SANDERS v. ANGIE PROPERTIES, INC.

834 S.W.2d 332 (1992)

Lee SANDERS, Assistant Building Commissioner, Plaintiff/Appellee, v. ANGIE PROPERTIES, INC. and Van Westbrooks, Individually, Defendants/Appellants.

Court of Appeals of Tennessee, Middle Section.

Permission to Appeal Denied July 6, 1992.

Attorney(s) appearing for the Case

James D. Petersen, Petersen, Buerger & Moseley, Franklin, for plaintiff/appellee.

Gail Pigg, Nashville, for defendants/appellants.

Permission to Appeal Denied by Supreme Court July 6, 1992.

OPINION

CANTRELL, Judge.

The primary question in this appeal is whether a property owner's refusal to seek a conditional use permit, because he believes that he is operating a valid nonconforming use, precludes the same defense from being raised in the municipality's action to enjoin his operation. The Chancery Court of Williamson County held that...

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