Rebecca Prince v. A&W Construction and Property Management, LLC et al.

A property owner filed a complaint against her neighbor and the municipality seeking to enforce a local zoning ordinance. The trial court dismissed the property owner’s claims against the municipality. Among other things, the court ruled that mandamus was not available because the property owner failed to exhaust her administrative remedies. It also determined that the municipality retained immunity for the tortious acts alleged in the complaint. On appeal, the property owner argues that (1) Tennessee Code Annotated § 13-7-208(a)(2) authorized her to bring a mandamus action to abate the zoning violation without exercising administrative remedies and (2) the complaint contained sufficient allegations of negligent supervision to withstand a motion to dismiss. Upon review, we affirm the dismissal.