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Posted by: Chandra Williams on May 12, 2016

Court: TN Court of Appeals

Attorneys 1:

Wayne Alan Kline, Knoxville, Tennessee, for the appellants, Charles E. Benson, Rebecca Benson, Charles W. Benson, Mary Benson, Frank Gambuzza, Belinda Gambuzza, Cheryl Hatcher, Dennis Hatcher, Mark Jackson, Kathy Jackson, Glen Loy, Mark Smothers, Virginia Smothers, Michael Whitaker, Sherry Whitaker, Jack Woodall, and Sharon Boyce.

Attorneys 2:

Alexander Oaks Waters, Daniel A. Sanders, John K. King, and R. Louis Crossley, Jr., Knoxville, Tennessee, for the appellees, Knox County, Tennessee, Board of Zoning Appeals of Knox County, Huber Properties, LLC, Clear Water Partners, LLC, and Gloria A. Melgaard Trust.

Judge(s): MCCLARTY

This appeal arises from a zoning and land use dispute. The defendants applied to rezone most of the property at issue from Agricultural to Planned-Residential and sought approval of a development plan for a multi-dwelling project consisting of 312 apartment units. They also requested a Use-Permitted-on-Review approval for a marina on a portion of the property that would remain zoned as Agricultural. At issue before us are three separate actions taken by Knox County legislative and administrative bodies in relation to the requests, specifically: (A) the County Commission’s rezoning of the property from Agricultural to Planned-Residential at 1to 5 dwelling units per acre; (B) the Board of Zoning Appeals’ approval of the development plan for 312 apartment units; and (C) the Board of Zoning Appeals’ denial of the marina proposal. The trial court upheld the actions. We affirm.