The Metropolitan Government of Nashville and Davidson County, Tennessee v. The Board of Zoning Appeals of Nashville and Davidson County, Tennessee

Summary

The Tennessee Supreme Court held that the Metropolitan Government of Nashville and Davidson County has standing under Tennessee Code Annotated section 27-9-101 to seek judicial review of a decision by its Board of Zoning Appeals. The Court concluded that Metro qualifies as an entity that may be aggrieved when a zoning decision interferes with its ability to enforce its ordinances or adversely affects it in its corporate capacity. The Court affirmed the Court of Appeals and remanded the case to the chancery court for further proceedings.

Holdings

1. The term "anyone" in section 27-9-101 includes Metro, a public corporation, and the Board of Zoning Appeals is a board or commission functioning under state law. Metro therefore is not categorically barred from seeking judicial review of its own BZA's decision.
2. Metro established that it was an aggrieved party within the meaning of section 27-9-101 by alleging that, if the BZA decision stood, Metro would be unable to enforce certain zoning ordinances.
3. The court declined to decide whether Metro had authority to file the petition because the issue was not raised in the trial court and the record lacked sufficient proof and argument to resolve it.
4. The argument was waived because it was not raised in the motion to dismiss.

Questions Presented

1. Whether Metro had standing under Tennessee Code Annotated section 27-9-101 to seek judicial review by writ of certiorari of a decision by its own Board of Zoning Appeals.
2. Whether Metro was an aggrieved party because the BZA decision allegedly interfered with Metro's ability to enforce its zoning ordinances.
3. Whether Metro had authority to file the petition for a writ of certiorari.

Disposition

affirmed