STUART H. KAPLOW, ET AL. v. CITY OF GATLINBURG BOARD OF ADJUSTMENTS AND APPEALS, ET AL. - Articles

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Posted by: Tanja Trezise on Jun 30, 2015

Court: TN Court of Appeals

Attorneys 1:

Arthur G. Seymour, Jr., and Matthew A. Grossman, Knoxville, Tennessee, for the appellants, Stuart H. Kaplow and Maury R. Greenstein.

Attorneys 2:

John T. Batson, Jr., and Brian R. Bibb, Knoxville, Tennessee, for the appellees, City of Gatlinburg Board of Adjustments and Appeals, City of Gatlinburg, Ralph Maples, David Hadden, Gary Shultz, Mike Smelcer, and Mitch Ayers.

Judge(s): MCCLARTY

Housing units belonging to the property owners were cited by a city official for condemnation. The property owners appealed to the city’s Board of Adjustments and Appeals. After the board agreed with the city official and condemned the property, the property owners filed a petition for common law writ of certiorari seeking judicial review of the board’s decision. The trial court determined that the decision of the board was supported by material evidence and was neither arbitrary nor capricious. The property owners appeal. We affirm.

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