RUSTY ING v. CITY OF MILAN - Articles

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Posted by: Tanja Trezise on Dec 18, 2012

Court: TN Court of Appeals

Attorneys 1:

David W. Camp, Jackson, Tennessee, for the appellant, Rusty Ing

Attorneys 2:

Michael A. Carter, J. Noble Grant, Milan, Tennessee, for the appellee, City of Milan

Judge(s): HIGHERS

Plaintiff is a business owner who was informed by the City of Milan that his business license would not be renewed because the City had determined that he was a “transient merchant” within the meaning of the City’s municipal code. Plaintiff filed this lawsuit, seeking an injunction preventing the City from prohibiting the operation of his business. The City filed a motion for summary judgment, claiming that the undisputed facts established as a matter of law that Plaintiff was a transient merchant. The trial court agreed and granted the City’s motion for summary judgment. Plaintiff appealed. We reverse and remand for further proceedings.

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