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Posted by: Stacey Shrader Joslin on Dec 30, 2016

Court: TN Court of Appeals

Attorneys 1:

Jon D. Ross and Gerald D. Neenan, Nashville, Tennessee, for the appellant, Hyundai Motor America.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Andrée Sophia Blumstein, Solicitor General; and Mary Ellen Knack, Senior Counsel, for the appellee, Tennessee Motor Vehicle Commission.

James W. Cameron, III, and Patrick W. Merkel, Brentwood, Tennessee, for the appellees, Grayson Hyundai, LLC and Twin City Hyundai, Inc.

Judge(s): DINKINS

This appeal arises from a proceeding initiated by two automobile dealers who challenged the location of a proposed dealership in a contested case proceeding before the Tennessee Motor Vehicle Commission (the “Commission”); the manufacturer contended that the dealers were not located in the “relevant market area,” as required by statute and moved to dismiss the proceeding for lack of standing. The administrative law judge overruled the manufacturer’s motion, and the manufacturer filed a petition in Chancery Court seeking interlocutory review. The trial court dismissed the petition, holding that the court lacked jurisdiction to review the administrative judge’s ruling on the motion. The motor vehicle manufacturer appeals the dismissal of its petition for judicial review of the denial of its motion to dismiss the contested case proceeding. Concluding that the manufacturer did not meet the threshold requirement for immediate judicial review as set forth in the Administrative Procedures Act, we affirm the judgment of the trial court.