JOSEPH J. LEVITT, JR. v. CITY OF OAK RIDGE, ET. AL. - Articles

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Posted by: Tanja Trezise on Oct 30, 2012

Court: TN Court of Appeals

Attorneys 1:

Joseph J. Levitt, Jr., Knoxville, Tennessee, pro se.

Attorneys 2:

John T. Batson, Jr. and Daniel R. Pilkington, Knoxville, Tennessee, for the appellees, City of Oak Ridge, Oak Ridge Board of Building and Housing Appeals, and Denny Boss.

Judge(s): MCCLARTY

This appeal involves the efforts of Oak Ridge’s Board of Building and Housing Code Appeals to demolish buildings in Applewood Apartment Complex pursuant to Tennessee Code Annotated section 13-21-101, Tennessee’s Slum Clearance and Redevelopment Statute. Owner filed a petition for writ of certiorari when the Board voted to demolish the buildings. The trial court granted the petition but granted the Board’s motion for summary judgment. Owner appeals. We reverse the grant of summary judgment on the issue of whether the Board acted without material evidence but affirm the grant of summary judgment on all other issues. The case is remanded for proceedings consistent with this opinion.

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