3659 MENDENHALL INC., ET AL. v. CITY OF MEMPHIS, ET AL. - Articles

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Posted by: Chandra Williams on Oct 27, 2015

Court: TN Court of Appeals

Attorneys 1:

Rex L. Brasher, Memphis, Tennessee, for the appellant, 3659 Mendenhall, Inc.

Attorneys 2:

J. Michael Fletcher, Memphis, Tennessee, for the appellees, Memphis and Shelby County Office of Construction Code Enforcement and Shelby County, Tennessee.

Judge(s): ARMSTRONG

This is a declaratory judgment action. Appellant?s application for a permit to erect a sign was denied by Appellee, the Memphis and Shelby County Office of Construction Code Enforcement. Appellant petitioned the trial court to declare that Code Enforcement was estopped from denying the permit. As grounds for estoppel, Appellant cites a letter issued to the Appellant five years earlier by an assistant county attorney when Appellant sought advice on erecting multiple signs at its location. After a hearing, the trial court granted the Appellees? motion for involuntary dismissal. We affirm and remand.