Trezevant Enterprises, Inc. v. City of Germantown, Tennessee

This appeal arises from a landowner’s complaint seeking a declaratory judgment that proposed construction was consistent with a permitted non-conforming use on its property. The parties agreed that the property was rezoned in 1957 and that certain non-conforming uses are permitted on the property. However, the city opposed the declaratory action due to the landowner’s refusal to submit plans to the city administrative zoning body to obtain its decision on whether the proposed use was a permissible extension of that non-conforming use. The city asserted that, without the landowner having applied for a building permit, the action was not ripe for adjudication. The trial court determined that the matter was ripe and that the landowner had standing, that it was entitled to a judgment as a matter of law, and that the proposed use was protected by the terms of the grandfather statute. Because the city was never permitted to rule on the proposed non-conforming use, we find that the matter was not ripe for review. Accordingly, the decision of the trial court is reversed, and the case is dismissed.