BARBARA J. TODD v. METROPOLITAN HISTORIC ZONING COMMISSION OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE - Articles

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BARBARA J. TODD v. METROPOLITAN HISTORIC ZONING COMMISSION OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE

Posted by: Azya Thornton on Dec 19, 2024

Court: TN Court of Appeals

Attorneys 1: Adam G. LaFevor, Nashville, Tennessee, for the appellant, Barbara J. Todd, Trustee of the Barbara Todd 2017 Trust.

Attorneys 2: Catherine J. Pham, Kelli F. Woodward, and Abby Greer, Nashville, Tennessee, for the appellee, Metropolitan Historic Zoning Commission.

Judge(s): MCGEE

After a hearing before the Metropolitan Historic Zoning Commission, the appellant homeowner was ordered to remove a covered porch addition that was constructed without a preservation permit, as the Commission determined that the addition did not comply with the applicable design guidelines. The homeowner filed a petition for writ of certiorari, and the chancery court held a de novo hearing on the matter. After the evidentiary hearing, the chancery court likewise determined that the unpermitted covered porch did not meet the applicable design guidelines, and the court ordered its removal. The homeowner appeals, arguing that her due process rights were violated due to untimely notice of the hearing before the Commission and that the chancery court erred in finding that her covered porch was not in compliance with the guidelines. We affirm.

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