ROYAL PROPERTIES, INC. v. THE CITY OF KNOXVILLE, ET. AL. - Articles

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Posted by: Chandra Williams on Aug 25, 2015

Court: TN Court of Appeals

Attorneys 1:

Arthur G. Seymour and Taylor D. Forrester, Knoxville, Tennessee, for the appellant, Royal Properties, Inc.

Attorneys 2:

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

Judge(s): MCCLARTY

This is an appeal from a judgment in a certiorari review action. The petitioner sought approval for the construction of a surface parking lot as a use permitted on review in Knoxville, Tennessee. The Metropolitan Planning Commission denied the application. The petitioner appealed the denial to the Knoxville City Council, which failed to vote on the matter. The trial court upheld the de facto denial, holding 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 petitioner appeals. For the reasons discussed herein, we reverse and remand this case to the trial court with instructions to remand to the Knoxville City Council for a definitive ruling on whether the requested surface parking lot is permissible as a use permitted on review.

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