Durrett Investment Company, LP v. The City of Clarksville, TN

Case Number
M2012-00807-COA-R3-CV

City enacted an ordinance imposing a temporary moratorium on development of land within a 250 foot corridor abutting land owned by developer. Developer sued City asserting claims forinverse condemnation,wrongfultaking,tortious interference with businessrelationships, and damages pursuant to 42 U.S.C. § 1983; City filed a motion to dismiss for failure to state a claim, which the trial court granted. Developer appeals, contending that the temporary moratorium constituted a taking and that the tortious interference with business relationships and interference with contract rights claims were allowed pursuant to the Tennessee Governmental Tort Liability Act. We affirm the trial court’s dismissal of Plaintiff’s tort claims and reverse the trial court’s dismissal of Plaintiff’s inverse condemnation and takings claims.
 

Authoring Judge
Judge Richard H. Dinkins
Originating Judge
Judge Michael R. Jones
Case Name
Durrett Investment Company, LP v. The City of Clarksville, TN
Date Filed
Dissent or Concur
No
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