JARRATT BELL ET AL. v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY ET AL. - Articles

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Posted by: Amelia Ferrell Knisely on Mar 22, 2016

Court: TN Court of Appeals

Attorneys 1:

George Arthur Dean and Thomas V. White, Nashville, Tennessee, for the appellant, Louis Resha.

Attorneys 2:

Lora Barkenbus Fox and Catherine J. Pham, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County.

Jarratt Bell, Travis Reagan Brown, Will Johnston, Christine Modisher, and Paul Speer, appellees, Nashville, Tennessee, Pro Se.

Judge(s): BENNETT

In 1979, a property owner (?Owner?) was notified that his property was in violation of the zoning ordinance, which allowed a maximum of two dwelling units in that area. The property contained five dwelling units. Owner appealed the zoning administrator‘s decision to the board of zoning appeals (?BZA?), which permitted him to retain the five units for as long as he owned the property. In 2014, when Owner decided to sell the property, he petitioned the zoning administrator to remove the ownership condition so that another owner could maintain the five units. The administrator denied this request, and Owner appealed to the BZA, which removed the ownership condition. Five nearby property owners filed a writ of certiorari in chancery court challenging the BZA‘s decision. The chancery court vacated the BZA‘s decision, finding that the BZA acted arbitrarily in removing the ownership condition and then failing to consider the effect of this decision, namely, the creation of a new permanent variance without a determination that the property met the statutory standards. The chancery court remanded the case to the BZA for further consideration. Owner appeals, and we affirm the chancery court‘s decision.