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

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Posted by: Landry Butler on Feb 16, 2018

Court: TN Court of Appeals

Attorneys 1:

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

Attorneys 2:

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

William N. Helou, Nashville, Tennessee, for the appellee, The Ridge at Antioch, Limited Partnership.

Judge(s): CLEMENT

This appeal arises from the dismissal of a petition for writ of certiorari to challenge two administrative decisions by the Planning Commission of the Metropolitan Government of Nashville, Davidson County, Tennessee. The petition was dismissed pursuant to a Tenn. R. Civ. P. 12.02(1) motion for lack of subject matter jurisdiction. The challenge to the first decision was dismissed because the statutory sixty-day period had run from the date the minutes approving the challenged decision had been entered. The challenge to the second decision, the Planning Commission’s decision to approve the final site plan, was deemed untimely because the challenge to a site plan must be filed within sixty days of the entry of the minutes approving the master development plan, not the final site plan, and the statutory period had run. Finding no error, we affirm.

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