WESTERN FARM PRODUCTS, LLC, INC. v. SUMNER COUNTY, TN, ET AL. - Articles

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Posted by: Landry Butler on Jun 19, 2017

Court: TN Court of Appeals

Attorneys 1:

Thomas V. White and George A. Dean, Nashville, Tennessee, for the appellant, Western Farm Products LLC, Inc.

Attorneys 2:

Leah May Dennen, Gallatin, Tennessee; and A. Scott Derrick, Nashville, Tennessee, for the appellee, Sumner County, Tennessee.

David M. Amonette, Gallatin, Tennessee, for the intervening appellees, Thomas Neal, Jr., Lester Lonzo Luce, Carol Dee Luce, John J. Simons, and Allyson Simons.

Judge(s): DINKINS

A property owner who wished to construct and operate a quarry sought a declaratory judgment that a Sumner County Zoning Resolution, which was alleged to exclude quarrying and mining activities, is unconstitutional and in violation of the Tennessee zoning enabling statutes. A group of adjoining property owners were permitted to intervene in the proceeding, and the court granted summary judgment to the county and adjoining property owners. The property owner now appeals. We find that the evidence relied upon by the property owner does not establish that the ordinance at issue prohibits all quarrying activities and affirm the trial court’s judgment.