Case Summaries 
of Importance to Counties

2016 Zoning

• Save Rural Franklin v. Williamson County Government, No. M2014-02568-COA-R3-CV (Tenn. Ct. App. August 26, 2016)--Two associations, Save Rural Franklin and Save Old Hillsboro Road, filed a petition for a writ of certiorari seeking judicial review of a subdivision approval issued by the Williamson County Regional Planning Commission.  The associations alleged that the planning commission’s approval was arbitrary, capricious and illegal because it was in violation of the county’s comprehensive land use plan.  The planning commission filed a motion to dismiss on the grounds that the plaintiff’s petition was filed beyond the statutory 60-day time period set forth in T.C.A. § 27-9-102.  Under that statute, petitions for writ of certiorari must be filed within 60 days of the entry of judgment.  In this case, the preliminary plat was approved 9/12/13 and the final plat was approved 4/10/14.  Plaintiffs filed their petition 6/6/14.  The trial court found that the clock began to run upon approval of preliminary plat.  According to the court, the approval process really happens at the preliminary plat level and that approval of the final plat is only ministerial.  The trial court also found that the associations lacked standing as they failed to show they had a special interest in the decisions of the planning commission.  Based on this, the trial court granted the county’s motion to dismiss.  The Court of Appeals affirmed, also finding that the 60 days begins to run once the preliminary plat is approved.

Return to all Case Summaries Relating to Zoning