JOE V. WILLIAMS v. DENNIS EPPERSON ET AL. - Articles

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Posted by: Karen Belcher on Feb 27, 2020

Court: TN Court of Appeals

Attorneys 1: James R. McKoon and McLean A. Stohler, Chattanooga, Tennessee, for the appellant, Joe V. Williams.

Attorneys 2: Stacy Lynn Archer, Philip Aaron Wells, and Ronald D. Wells, Chattanooga, Tennessee, for the appellees, Dennis Epperson, Donald Humes, Chris Lyles, Jim Williams, Dennis Norman, Lisa Stanbery, Chad Dean, Dustin Hawkins, each in his or her official capacity as a member of the Building Board of Adjustment and Appeals for the City of Cleveland, Tennessee;

Attorneys 3: Bryan Turner, in his capacity as Chief Building Official of the City of Cleveland; and the City of Cleveland, Tennessee.

Judge(s): FRIERSON

This case involves an appeal to the Bradley County Chancery Court (“trial court”) of an administrative decision by the Building Board of Adjustment and Appeals for the City of Cleveland (“the Board”) to uphold the City of Cleveland’s chief building official’s decision to condemn and order the demolition of a commercial building. Upon a notice of condemnation issued by the chief building official based on the allegedly dilapidated and unsafe condition of the building, the building’s owner appealed to the Board. Following a hearing, the Board upheld the condemnation and demolition order. The owner then filed a petition for writ of certiorari with the trial court, requesting, inter alia, that the demolition order be vacated. Following a hearing, the trial court found that the Board’s decision had been supported by substantial and material evidence and accordingly upheld the Board’s affirmance of the condemnation and demolition order. The owner filed a motion to alter or amend the judgment, which the trial court denied. The owner timely appealed to this Court. Discerning no reversible error, we affirm.

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