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Posted by: Tanja Trezise on Oct 6, 2014

Head Comment: CORRECTION: Pg. 1 the intervening respondent name of Carol Dee. Luce has been corrected to read Carol Dee Luce. Pg. 9 in second line of the first full paragraph Tenn. Code Ann. § 13-3-104(b) has been corrected to read Tenn. Code Ann. § 13-3-304(b).

Court: TN Court of Appeals

Attorneys 1:

Thomas V. White and George A. Dean, Nashville, Tennessee, for the appellant, Western Farm Products, LLC, Inc.

Attorneys 2:

Leah May Dennen, Gallatin, Tennessee; A. Scott Derrick and Jack W. Robinson, Jr., Nashville, Tennessee, for the appellee, Sumner County, Tennessee.

David M. Amonette, Gallatin, Tennessee; Louis W. Oliver, Hendersonville, Tennessee, for intervening respondents, Thomas Neal, Jr., Lester Lonzo Luce, Carol Dee Luce, John J. Simons, and Allyson Simons.

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; Elizabeth P. McCarter, Senior Counsel, Nashville, Tennessee, as the Amicus Curiae.

Judge(s): DINKINS

Land owner applied to the Sumner County Board of Zoning Appeals for a conditional use permit to operate a quarry with accessory asphalt and concrete plants and rock crushing facilities. After a public hearing, the Board denied the application. The land owner filed a petition for a writ of certiorari seeking review of the Board’s decision; the trial court affirmed the Board’s denial. Finding no error, we affirm the decision of the trial court.