ANDREW HIRT, ET AL. v. METROPOLITAN BOARD OF ZONING APPEALS OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY TENNESSEE - Articles

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Posted by: Landry Butler on Dec 15, 2016

Court: TN Court of Appeals

Attorneys 1:

G. Kline Preston, IV, Nashville, Tennessee, for the appellants, Andrew Hirt and BMP Partnership II.

Attorneys 2:

J. Brooks Fox and Catherine J. Pham, Nashville, Tennessee, for the appellees, Metropolitan Board of Zoning Appeals of the Metropolitan Government of Nashville and Davidson County Tennessee.

Judge(s): GOLDIN

This appeal concerns a local zoning board’s denial of a permit to replace an old billboard with a new digital billboard. After the zoning board denied the permit for the new billboard, the applicants who had requested the permit filed a petition for a writ of certiorari in chancery court. The chancery court found no basis to disturb the zoning board’s denial of a permit based upon its review of the administrative record. Although the applicants have appealed from the chancery court’s decision, we conclude that we cannot reach the merits of their appeal. Because the applicants did not file a petition for a writ of certiorari that complied with Tennessee Code Annotated section 27-8-106 within sixty days of the zoning board’s order, we conclude that the chancery court was without subject matter jurisdiction to review the zoning board’s actions. We accordingly vacate the chancery court’s order and dismiss this case.

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