NAN E. SCOTT, ET. AL. v. THE CITY OF KNOXVILLE, ET. AL. - Articles

All Content


Posted by: Tanja Trezise on Jun 8, 2015

Court: TN Court of Appeals

Attorneys 1:

Wendell K. Hall, Knoxville, Tennessee, for the appellants, Nan E. Scott, Bonnie H. Peters, Edwin M. Scott, Jr., Sandra K. Simpson, Robert A. Davis, Carol B. Davis, Charlotte M. Davis, Jamie S. Rowe, B. Catherine Freels, Penelope L. Berridge, Fred R. Arrington, III, Janet C. MacFarlane, Leslie A. Feulner, Randall J. Kurth, and Kent W. Nicholson.

Attorneys 2:

Crista M. Cuccaro, Knoxville, Tennessee, for the appellee, the City of Knoxville.

Robert B. Frost, Jr., Knoxville, Tennessee, for the appellee, the City Council of Knoxville.

Arthur G. Seymour, Jr. and Benjamin C. Mullins, Knoxville, Tennessee, for the appellee, Evergreen Services of Tennessee, LLC d/b/a Gentry-Griffey Funeral Home.

Judge(s): MCCLARTY

This is an appeal from a judgment in a certiorari review action where the trial court upheld the Knoxville City Council?s ruling in favor of the respondents. The Knoxville City Council found that a proposed expansion project involving the construction of a crematory for incinerating human bodies was permitted as an accessory use for the existing funeral home. The trial court found that the Knoxville City Council had not exceeded its jurisdiction, followed an unlawful procedure, acted illegally, arbitrarily, or fraudulently, or acted without material evidence to support its decision. The petitioners appeal. We affirm.

Attachments: