CITIZENS FOR SAFETY AND CLEAN AIR, WALT WARREN, PATRICIA WARREN, CHARLES GOINS AND JUDY GOINS v. CITY OF CLINTON, TENNESSEE, CLINTON MUNICIPAL PLANNING COMMISSION, AND ROGERS GROUP, INC. - Articles

All Content


Posted by: Tanja Trezise on Oct 11, 2013

Court: TN Court of Appeals

Attorneys 1:

Gary A. Davis and James S. Whitlock, Asheville, North Carolina, for the appellants, Citizens for Safety and Clean Air, Walt Warren, Patricia Warren, Charles Goins, and Judy Goins.

Attorneys 2:

John T. Batson, Knoxville, Tennessee, for the appellees, City of Clinton, Tennessee and Clinton Municipal Planning Commission.

Bruce D. Fox, Clinton, Tennessee; and, H. Wayne Phears, Atlanta, Georgia, for the appellee, Rogers Group, Inc.

Judge(s): SWINEY

This appeal arises from a dispute over the zoning of a certain tract of land in Clinton, Tennessee. Clinton annexed property (“the Property”) belonging to Rogers Group, Inc., and assigned zoning classifications to the newly annexed tract. The group Citizens for Safety and Clean Air, and individual local residents Walt Warren, Patricia Warren, Charles Goins, and Judy Goins (“the Plaintiffs,”collectively) sued the City of Clinton, Tennessee, Clinton Municipal Planning Commission, and Rogers Group (“the Defendants,” collectively) in the Chancery Court for Anderson County (“the Trial Court”) seeking declaratory judgment. The Plaintiffs, opposed to the prospective development of a quarry and asphalt plant on the Property, challenged the heavy industrial zoning classification of a portion of the Property on the basis that it was arbitrary and capricious; constituted illegal contract zoning; and, constituted illegal spot zoning. Alternatively, the Plaintiffs sought to enforce the Master Settlement Agreement (“the MSA”), an agreement settling an annexation dispute entered into by Anderson County, Clinton, and Rogers Group. The Plaintiffs alleged they were thirdparty beneficiaries to the MSA. The Trial Court found in favor of the Defendants on all issues. We affirm the judgment of the Trial Court.