TOMMY WRIGHT, ET AL. v. THE CITY OF SHELBYVILLE BOARD OF ZONING APPEALS, ET AL. - Articles

All Content


Posted by: Tanja Trezise on Nov 1, 2012

Court: TN Court of Appeals

Attorneys 1:

Josh A. McCreary, Murfreesboro, Tennessee, for the appellants, Tommy Wright, Norma Wright, Wright Paving Company, Inc., and Custom Stone, LLC.

Attorneys 2:

Ginger Bobo Shofner, Shelbyville, Tennessee; Robert M. Burns, Nashville, Tennessee, for the appellees, The City of Shelbyville Board of Zoning Appeals, The City of Shelbyville, Tennessee, and Ed Dodson, Director of the Shelbyville Planning and Codes Department.

Judge(s): COTTRELL

This case involves a prolonged dispute over a proposed stone quarry that the plaintiff landowners, the Wrights, wished to establish on their property. While their application was pending, the city changed the zoning ordinance to rezone the Wrights’ property so that a quarry was no longer permitted as a conditional use. The Wrights filed suit, and on appeal this court held that the notice of the zoning amendment had been defective and that the zoning change was therefore void. The Wrights subsequently asked the Board of Zoning Appeals to consider their application under the property’s original zoning, but the BZA refused to put the application on its meeting agenda. The Wrights filed a petition for writ of certiorari. The trial court found that the BZA’s action was arbitrary and illegal, but ruled that the Wrights were nonetheless precluded from obtaining any relief because of the operation of res judicata. We reverse the trial court’s dismissal of the petition on the basis of res judicata, because we find that doctrine inapplicable. We agree with the trial court that the BZA’s actions were arbitrary and capricious.

Attachments: