MACK PHILLIPS, ET AL. v. MONTGOMERY COUNTY, TENNESSEE, ET AL. - Articles

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Posted by: Tanja Trezise on Jul 1, 2013

Court: TN Court of Appeals

Attorneys 1:

Erik Fuqua, Austin Peay VII, Dan L. Nolan, Clarksville, Tennessee, for the appellants, Montgomery County, Tennessee and Clarksville Montgomery County Regional Planning Commission.

Attorneys 2:

Stanley M. Ross; Steven T. Atkins, Clarksville, Tennessee, for the appellees, Mack Phillips and Leann Phillips.

Judge(s): COTTRELL

Property owners submitted a subdivision plat to the local planning commission for approval. The planning commission denied the proposed plan because the property lies in the path of a planned highway extension. The property owners filed a complaint alleging the planning commission’s denial constitutes a regulatory taking that is prohibited by the Tennessee Constitution, Article I, Section 21, and, also, inverse condemnation that is compensable pursuant to Tenn. Code Ann. § 29-16-123. The trial court denied the government’s motion to dismiss for failure to state a claim for which relief could be granted. We affirm the trial court’s judgment as to the claim based on inverse condemnation, but reverse the judgment refusing to dismiss the regulatory taking claim.

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