Richard Keith, Et Al. v. Maury County Board of Zoning Appeals

Case Number
M2017-02542-COA-R3-CV

After receiving a cease and desist letter from a local zoning official forbidding them from hosting an off-road event on their property, landowners appealed to the board of zoning appeals. The board denied their application. And landowners sought review by filing an unverified petition for writ of certiorari in the chancery court. On the board’s motion, the court dismissed the petition for lack of subject matter jurisdiction. On appeal, landowners argue that their petition in actuality seeks declaratory relief. We conclude that landowners were challenging a quasi-judicial decision of a local board of zoning appeals and that a petition for writ of certiorari was the proper method for seeking review. Because landowners’ petition was not verified, we affirm the dismissal.   

Authoring Judge
Judge W. Neal McBrayer
Originating Judge
Judge David L. Allen
Case Name
Richard Keith, Et Al. v. Maury County Board of Zoning Appeals
Date Filed
Dissent or Concur
No
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