GEORGE METZ, ET AL. v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TN, ET AL. - Articles

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Posted by: Landry Butler on Oct 17, 2017

Court: TN Court of Appeals

Attorneys 1:

Gina Crawley, Nashville, Tennessee, for the appellants, Marilyn Metz, George Metz, Aubrey Pearson, Jacqueline Pearson, Berry Wright, and Evelyn Wright.

Attorneys 2:

Jon Cooper, Director of Law, Lora Barkenbus Fox, and Catherine J. Pham, Nashville, Tennessee, for the appellee, the Metropolitan Government of Nashville and Davidson County.

Judge(s): SWINEY

This appeal concerns a determination by the Planning Commission (“the Commission”) of the Metropolitan Government of Nashville and Davidson County (“Metro”) that the Forest View Park planned unit development was “active.” Certain Forest View neighbors (“Petitioners”) filed a petition for writ of certiorari against respondents Metro and The Ridge at Antioch, Limited Partnership (“Respondents,” collectively) in the Chancery Court for Davidson County (“the Trial Court”) challenging the Commission’s decision. Metro filed a motion to dismiss. After a hearing, the Trial Court entered an order dismissing the petition for writ of certiorari for lack of jurisdiction. The Trial Court found fatal defects in the petition for writ of certiorari, including that it was not supported by oath as required. Petitioners appeal to this Court. We affirm the judgment of the Trial Court.

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