Abbington Center, LLC v. Town of Collierville
393 S.W.3d 170
| Tenn. Ct. App. | 2012Background
- Two billboards built in 1979 predated Collierville's billboard prohibition in 1982.
- Plaintiff Abbington Center, LLC purchased the signs in 1993 and sought reconstruction after lease expiry.
- Town initially advised reconstruction was permissible but later questioned legality and issued stop work orders.
- BZA upheld the stop work orders and denial of building permits; chancery court remanded and later invalidated the orders.
- On appeal, the Tennessee Court of Appeals reversed the chancery court, reinstating the BZA decisions.
- Court held that the plaintiff failed to prove legality prior to 1982; the BZA’s decisions were not illegal, arbitrary, or capricious.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BZA acted illegally/arbitrarily in stop work orders | Abbington asserts BZA abused standard and demanded permits improperly. | Town contends BZA applied correct certiorari standard and evidence did not prove legality. | BZA decisions were not illegal, arbitrary, or capricious. |
| Whether proof of pre-1982 permits was required for grandfather protection | Evidence shows long-standing town belief signs were legal; permits not credibly found. | Plaintiff must prove pre-1982 permits; lack of permits defeats grandfather protection. | Defendant's burden to prove illegality; proof of permits not strictly required to overturn BZA. |
| Whether chancery court improperly reweighed evidence | Chancery court used an improper standard and misapplied the record. | Chancery court properly evaluated the record and standard of review. | Chancery court erred; standard of review limited; cannot substitute own judgment. |
| Whether the record supports that the signs were legal uses pre-1982 | Totality of evidence showed legality; assurances and internal documents support. | Lack of credible municipal permits undermines legality; assurances insufficient. | Record supports upholding BZA; lack of credible permits justifies denial. |
Key Cases Cited
- Lamar Tenn., LLC v. Murfreesboro Bd. of Zoning Appeals, 336 S.W.3d 226 (Tenn. Ct. App. 2010) (limits certiorari review to whether the decision exceeded jurisdiction or was arbitrary)
- McCallen v. City of Memphis, 786 S.W.2d 633 (Tenn. 1990) (certiorari review; decisions presumed valid; burden on challenger)
- Moore v. West, 246 S.W.3d 569 (Tenn. Ct. App. 2005) (limits on common-law certiorari review)
- 421 Corp. v. Metro. Gov't of Nashville and Davidson Co., 36 S.W.3d 469 (Tenn. Ct. App. 2000) (certiorari standard and appellate review scope)
- Rives v. City of Clarksville, 618 S.W.2d 502 (Tenn. Ct. App. 1981) (grandfather clause requires use was permitted prior to zoning change)
- Teague v. Campbell County, 920 S.W.2d 219 (Tenn. Ct. App. 1995) (grandfathering and interpretation of zoning amendments)
- Far Tower Sites, LLC v. Knox County, 126 S.W.3d 52 (Tenn. Ct. App. 2003) (estoppel and public official actions in zoning contexts)