Steven A. Edwards, et al. v. Nancy Allen, et al.

Case Number
M2004-01944-COA-R3-CV

Plaintiffs appeal the action of the trial court in granting Defendants' Tennessee Rule of Civil Procedure 12.02(6) Motions to Dismiss their challenge to a November 9, 1992, amendment to the Rutherford County Zoning Resolution. The trial court determined that the 10-year statute of limitations provided by Tennessee Code Annotated section 28-3-110 barred the action and that the discovery rule did not apply. We hold that on the record before the Court, the November 9, 1992, purported amendment is void ab initio. The judgment of the trial court is reversed, and the cause is remanded for further proceedings.

Authoring Judge
Judge William B. Cain
Originating Judge
Chancellor Robert E. Corlew, III
Case Name
Steven A. Edwards, et al. v. Nancy Allen, et al.
Date Filed
Dissent or Concur
No
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