THE METROPOLITAN GOVERNMENT OF NASHVILLE-DAVIDSON COUNTY, TN v. THE BOARD OF ZONING APPEALS OF NASHVILLE AND DAVIDSON COUNTY, TN, ET AL. - Articles

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Posted by: Tanja Trezise on Sep 4, 2014

Court: TN Court of Appeals

Attorneys 1:

Saul Solomon, Lora Barkenbus Fox, and Emily Herring Lamb, Nashville, Tennessee, for the appellant, Metropolitan Government of Nashville and Davidson County, Tennessee.

Attorneys 2:

Garrett E. Asher, Nashville, Tennessee, for the appellees, CBS Outdoor, Inc. and Felix Z. Wilson, II, Revocable Living Trust, and Equitable Trust Company.

Judge(s): DINKINS

Company which builds and manages billboards applied to the Metropolitan Department of Codes and Building Safety for permits to convert two static billboards to digital billboards. When the applications were denied by the Zoning Administrator, the company appealed to the Metropolitan Board of Zoning Appeals, which reversed the administrator’s decision and granted the permits. The Metropolitan Government of Nashville and Davidson County then filed a petition for a writ of certiorari seeking review of the Board’s decision; the trial court dismissed the petition on the ground that the Metropolitan Government did not have standing to bring the proceeding. We reverse the decision and remand for further proceedings.

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