Two individuals purchased commercial property for the purpose of housing a business offering “flex loans” to consumers; the property owners were denied a building permit because the Zoning Administrator concluded that “flex loans” constituted cash advances, and consequently, the property owners’ intended use violated the requirement in the Metropolitan Nashville and Davidson County Code of Ordinances that cash advance, check cashing, or title loan businesses be at least 1,320 feet apart. The property owners appealed to the Board of Zoning Appeals, which affirmed the decision of the administrator. The property owners then petitioned for certiorari review in Davidson County Chancery Court; the court granted the writ and, after a hearing, affirmed the Board’s decision. Finding that the decision of the Board is supported by substantial and material evidence and is not arbitrary or capricious, we concur with the decision of the trial court and affirm the Board’s decision.
Case Number
M2016-02269-COA-R3-CV
Originating Judge
Chancellor Claudia Bonnyman
Case Name
Conoly Brown, Et Al. v. Metropolitan Government Of Nashville And Davidson County, Et Al.
Date Filed
Dissent or Concur
No
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