Wednesday, November 16, 2011

Court reviews a zoning board's denial of an application for a proposed shopping center

411 PARTNERSHIP, v. KNOX COUNTY, TENNESSEE, et al. (Tenn. Ct. App. November 16, 2011)

The Knox County Board of Zoning Appeals denied plaintiff's use on review application for a proposed shopping center. Plaintiff appealed the decision to the Circuit Court by way of a Writ of Certiorari. The Trial Court upheld the Board of Zoning Appeals' decision and plaintiff appealed to this Court. We reverse the decision of the Circuit Court on the grounds the record before the Board of Zoning Appeals does not contain substantial material evidence to uphold the Board's ruling. We reverse the Judgment of the Trial Court and remand.

Opinion available at: