Dave Brundage v. Cumberland County
2011 Tenn. LEXIS 1153
| Tenn. | 2011Background
- Jackson Law permits de novo judicial review of local landfill decisions; §68-211-704(c) requires de novo review before the county chancery court.
- Cumberland County Commission approved Resolution 0609-12 to authorize Smith Mountain Solutions, LLC to construct a coal-ash landfill on Smith Mountain (June 15, 2009).
- Opponents filed a statutory petition for writ of certiorari in Aug. 2009 seeking review under §68-211-704(c); petition challenged the county’s decision.
- Trial court dismissed for lack of verification under §27-8-106 and timeliness; Court of Appeals affirmed.
- Court held the Jackson Law review is open-ended and can proceed via a statutory writ of certiorari or via declaratory judgment, permitting de novo review by any appropriate vehicle; remand for de novo review consistent with §68-211-704(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §68-211-704(c) limit Jackson Law review to certiorari? | Residents contend broader method allowed. | County/Smith Mountain Solutions insist writ of certiorari only. | No; de novo review may proceed by any suitable vehicle. |
| May a petition under the Jackson Law be treated as a declaratory judgment action? | Petition should be read as DJ to preserve broad review rights. | Proceedings must follow writ or other prescribed path. | Yes; petition can be treated as DJ to permit de novo review. |
| Is curing a verification defect required to proceed, or can substance override form? | Substance over form allows proceeding despite verification defect. | Formal defects bar the petition. | Petition can proceed by DJ path despite verification issue for writ. |
Key Cases Cited
- Tennessee Waste Movers, Inc. v. Loudon Cnty., 160 S.W.3d 517 (Tenn. 2005) (de novo review governs Jackson Law; distinguishes court review standards)
- Fallin v. Knox Cnty. Bd. of Comm’rs, 656 S.W.2d 338 (Tenn. 1983) (deals with declaratory relief for land-use decisions)
- McCallen v. City of Memphis, 786 S.W.2d 633 (Tenn. 1990) (improper writ can be treated as declaratory relief in land-use cases)
- Abshure v. Methodist Healthcare-Memphis Hosp., 325 S.W.3d 98 (Tenn. 2010) (substance over form guiding pleading construction)
- Crane Enamelware Co. v. Smith, 168 Tenn. 203, 76 S.W.2d 644 (Tenn. 1934) (courts may cure pleading form defects by substance)