Brundage v. Cumberland County

At issue in this appeal was the proper procedure for obtaining judicial review of a local legislative body's land use decision under the "Jackson Law," Tenn. Code Ann. 68-211-701 to -707. The opponents of a coal ash landfill, approved by the Cumberland County Commission, filed a petition for a statutory writ of certiorari in the chancery court seeking judicial review of the Commission's decision. The trial court dismissed the petition because it was not verified as required by Tenn. Code Ann. 27-8-106. The court of appeals affirmed. The Supreme Court granted Petitioners' application for permission to appeal because the Jackson Law did not specifically define the procedure for seeking judicial review of a local legislative body's decisions. The Court reversed, holding (1) a local legislative body's decision under the Jackson Law may be challenged either by a petition for a statutory writ of certiorari or by a complaint for declaratory judgment, and (2) the lower courts erred by failing to treat the statutory petition for writ of certiorari as a complaint for declaratory judgment. Remanded. View "Brundage v. Cumberland County" on Justia Law