WASTE MANAGEMENT, INC. OF TENNESSEE v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY BY AND THROUGH DAVIDSON COUNTY SOLID WASTE REGION BOARD - Articles

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WASTE MANAGEMENT, INC. OF TENNESSEE v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY BY AND THROUGH DAVIDSON COUNTY SOLID WASTE REGION BOARD

Posted by: Tanja Trezise on Aug 30, 2023

Court: TN Court of Appeals

Attorneys 1: William Lewis Penny and Kenneth Mark Bryant, Nashville, Tennessee, and Rik Tozzi, Birmingham, Alabama, for the appellant, Waste Management, Inc. of Tennessee.

Attorneys 2: Catherine Jane Pham, Ashley Lynn Brown, Jessica Brook Heavener, and Kelli Fay Woodard, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County.

Judge(s): BENNETT

This appeal involves judicial review of the denial of approval to expand a private construction and demolition waste landfill. The board overseeing the metropolitan government’s solid waste management plan denied the application for expansion, finding that expansion of the landfill was inconsistent with the waste management plan. The operator of the landfill filed a petition for review in the Chancery Court for Davidson County, arguing that the board failed to act within ninety days of receiving the application, followed an uncertified plan, and lacked substantial and material evidence to support the denial. The chancery court affirmed the board’s denial, and the operator has appealed. We have determined that the operator waived its arguments regarding the plan’s certification status by failing to raise those arguments before the board. We affirm the trial court’s decision in all other respects.

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