CONOLY BROWN, ET AL. v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE - Articles

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Posted by: Brittany Sims on Jun 24, 2013

Court: TN Court of Appeals

Attorneys 1:

Peter H. Curry, Nashville, Tennessee, for the Appellants, Conoly Brown, David Hood, and Tennessee Quick Cash, Inc.

Attorneys 2:

Kathryn S. Evans, Cynthia E. Gross, and Jason P. Bobo, Nashville, Tennessee, for the Appellee, the Metropolitan Government of Nashville and Davidson County, Tennessee.

Judge(s): COTTRELL

The Metropolitan Council adopted a series of three ordinances that (1) created a new zoning classification called Specific Planning (SP); (2) rezoned over 700 parcels of property to SP zoning; and (3) amended permitted uses in SP zones to exclude certain types of financial services, specifically check cashing services not part of a bank. The plaintiffs owned property on which that type of service was conducted and another parcel on which they intended to conduct the excluded services. Their parcels were among those rezoned as SP. We reverse the trial court’s holding that the plaintiffs’ challenge should have been brought as a common law writ of certiorari action because the act of rezoning by amending the zoning ordinance is a legislative act which is reviewable in a declaratory judgment action. We also hold that the ordinance rezoning the 700 parcels was invalid because it was not consistent with the enabling ordinance creating the SP classification.

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