RICHARD W. GIBBS ET AL. v. CLINT GILLELAND ET AL. - Articles

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Posted by: Tanja Trezise on Aug 14, 2014

Court: TN Court of Appeals

Attorneys 1:

Loyd Gilbert Anglin, Murfreesboro, Tennessee, for the appellants, Richard W. Gibbs and Kathryn S. Gibbs.

Attorneys 2:

Josh A. McCreary, Murfreesboro, Tennessee, for the appellees, Clint Gilleland, Kim Gilleland, Rutherford County, Rutherford County Planning and Engineering Department, and Rutherford County Regional Planning Commission.

Judge(s): CLEMENT

Plaintiffs brought this action against Rutherford County when the county prohibited them from building a home on undeveloped property because the property was below the Base Flood Elevation requirements established by the county. Plaintiffs contend the county had an affirmative duty under Article XIX, Section 19, of the Rutherford County Zoning Resolution to notify them, prior to their purchase of the property, that the property was below the Base Flood Elevation requirements, and the county breached that duty. In response to the complaint, the county filed a motion to dismiss for failure to state a claim based on the immunity provisions under the Tennessee Governmental Tort Liability Act, specifically Tennessee Code Annotated § 29-20-205(1), (3)-(4). The trial court granted the county’s motion to dismiss for failure to state a claim based on governmental immunity. Having determined that the county’s alleged acts or omissions were discretionary, not operational, the county has immunity; thus, we affirm the dismissal of this action.

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