NEIGHBORS OF OLD HICKORY, ET AL. v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, ET AL. - Articles

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Posted by: Landry Butler on Oct 25, 2017

Court: TN Court of Appeals

Attorneys 1:

Jason D. Holleman and Cleveland D. Bain, Nashville, Tennessee, for the appellants, Neighbors of Old Hickory, comprised of Jim Jester, Joe and Cheryl Coffey, Cory Sharp, James Sharp, Jeremy Spickard, and Anna Alexander.

Attorneys 2:

Jon Cooper and J. Brooks Fox, Nashville, Tennessee, for the appellee, the Metropolitan Government of Nashville and Davidson County.

Thomas V. White and George A. Dean, Nashville, Tennessee, for the appellee, Industrial Land Developers, LLC.

Judge(s): MCCLARTY

This is a declaratory judgment action in which the plaintiff property owners sought a finding that the defendant’s right to operate a rock quarry had not vested prior to the adoption of BL2015-13, which prohibits such activity on the property in question. All parties then moved for summary judgment as relevant to their respective positions. The trial court granted summary judgment in the defendant’s favor, finding that the quarry qualified as a pre-existing nonconforming use. We affirm.