HISTORIC SYLVAN PARK, INC., ET AL. v. METROPOLITAN GOVERNMENT OF NASHVILLE, DAVIDSON COUNTY, TENNESSEE, ET AL. - Articles

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Posted by: Chandra Williams on Sep 30, 2015

Court: TN Court of Appeals

Attorneys 1:

Larry Woods and Allen Woods, Nashville, Tennessee, for the appellants, Historic Sylvan Park, Inc. and John Summers.

Attorneys 2:

Saul Solomon, Director of Law; J. Brooks Fox and Catherine J. Dundon, Nashville, Tennessee, for the appellees, Metropolitan Government of Nashville and Davidson County, Tennessee, and Metropolitan Planning Commission.

Judge(s): DINKINS

Residents of the Sylvan Park neighborhood of Nashville filed a petition for writ of certiorari, seeking review of a decision by the Metropolitan Planning Commission to recommend that the Metropolitan Council disapprove an ordinance which would expand the historic conservation overlay district in the neighborhood. The Planning Commission moved to dismiss the petition, asserting that the Planning Commission’s decision “was only a recommendation and not a ‘final order’ from which an appeal may be taken with a writ of certiorari.” The court granted the motion, holding that the decision by the Planning Commission was not a final order, and thus the court lacked subject matter jurisdiction. Residents appeal. Because the Metropolitan Council must take further action on the Planning Commission’s recommendation before the zoning ordinance is enacted, the decision of the Planning Commission is not a final order or judgment for purposes of judicial review; accordingly, we affirm the dismissal of the petition.

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