411 Partnership v. Knox County, Tennessee
372 S.W.3d 582
Tenn. Ct. App.2011Background
- Knox County BZA denied 411 Partnership's use-on-review for a 12-acre shopping center on property with SC/A/F zoning.
- MPC approved use-on-review in Aug 2008 subject to 17 conditions; BZA overturned in Sept 2008.
- 411 Partnership sought certiorari in circuit court; court upheld BZA denial and dismissed the petition.
- 411 Partnership submitted a second MPC application (Nov 2009) with more information; MPC denied again and BZA denied on appeal.
- 411 Partnership challenged the BZA record as lacking substantial material evidence to justify denial; court remanded for lack of substantial evidence.
- Beavers Creek floodplain and environmental concerns were central to the contested issues, with neighbors and opponents offering fear-based testimony but no supporting factual data.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the BZA denial was supported by substantial evidence | 411 Partnership: record contains flood/mitigation evidence and environmental benefit. | Knox County/BZA: opponents' fears and testimony constitute sufficient concern to justify denial. | No substantial evidence supporting denial; decision reversed. |
| Whether the certiorari review properly limited the court to the lower record | Record before BZA is complete; should be reviewed for substantial evidence. | Record lacking complete ordinances; review confined to lower tribunal record. | Court limited to the BZA record; but still found no substantial evidence. |
| Whether judicial notice of ordinances was properly used/needed | Ordinances relied upon should be judicially noticed. | No ordinance record in the BZA file; cannot take judicial notice. | Ordinances not properly noticed; not determinative to result. |
Key Cases Cited
- McCallen v. City of Memphis, 786 S.W.2d 633 (Tenn. 1990) (certiorari review limits inquiry and prevents intrinsic correctness review)
- Moore & Associates, Inc. v. West, 246 S.W.3d 569 (Tenn. Ct. App. 2005) (limits trial court review to jurisdiction, improper procedure, or lack of material evidence)
- Sexton v. Anderson County, 587 S.W.2d 663 (Tenn. Ct. App. 1979) (expressions of opinion without factual basis not material evidence)
- Powell v. Parole Eligibility Rev. Bd., 879 S.W.2d 871 (Tenn. Ct. App. 1994) (certiorari standard; no intrinsic correctness review)
- 421 Corp. v. Metropolitan Gov't of Nashville & Davidson County, 36 S.W.3d 469 (Tenn. Ct. App. 2000) (remand preferred; court avoids substituting judgment)