DURRETT INVESTMENT COMPANY, LP v. THE CITY OF CLARKSVILLE, TN

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 for inverse condemnation, wrongful taking, tortious interference with business relationships, 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.

Attorney 1: 

Mark Robert Olson, Clarksville, Tennessee, for the appellant, Durrett Investment Company, LP.

Attorney 2: 

James L. Murphy, III, Joel Eckert, and Molly Devlin Loughney, Nashville, Tennessee, for the appellee, City of Clarksville, Tennessee.

Judge: 
DINKINS
AttachmentSize
durrett_021913.pdf110.88 KB
Groups: