Tuesday, August 16, 2011

Court reviews whether the Knoxville City Council can review the Board of Zoning Appeals's decisions.

ANITA J. CASH, CITY OF KNOXVILLE ZONING COORDINATOR, v. ED WHEELER (Tenn. Ct. App. August 16, 2011)

The City of Knoxville Board of Zoning Appeals granted defendant a variance and the Knoxville City Council then nullified the variance granted by the Board of Zoning Appeals. Defendant then appealed to the Chancery Court of Knox County contending that the city ordinance which permitted the City Council to review the decisions of the Board of Zoning Appeals was invalid, and the Chancellor agreed. On appeal, we hold that the ordinance at issue is valid under the State's statutory scheme. We reverse the Chancellor and remand for further proceedings.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/casha_081611.pdf