SAVE RURAL FRANKLIN, ET AL. v. WILLIAMSON COUNTY GOVERNMENT, ET AL. - Articles

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Posted by: Landry Butler on Aug 29, 2016

Court: TN Court of Appeals

Attorneys 1:

G. Miller Hogan II and William B. Hawkins III, Nashville, Tennessee, for the appellants, Save Rural Franklin and Save Old Hillsboro Road.

Attorneys 2:

Kristi Dunlap Ransom, Franklin, Tennessee, for the appellee, Williamson County Government.

Judge(s): MCBRAYER

Organizations representing property owners in close proximity to a proposed subdivision filed a petition for a writ of certiorari, seeking review of the regional planning commission's approval of the proposed subdivision. The planning commission and parties with an interest in the proposed subdivision filed motions to dismiss. After determining that the petition was untimely and the petitioning organizations lacked standing, the chancery court granted the motions to dismiss. The court also determined that the planning commission had acted legally in approving the subdivision. The petitioning organizations appealed. Following our review, we conclude that the statutory period for filing a petition for writ of certiorari began to run from approval of the preliminary plat for the proposed subdivision. Because the petition was filed more than sixty days after the preliminary plat was approved, the chancery court lacked subject matter jurisdiction to consider the petition. Therefore, we affirm the chancery court's dismissal of the petition.