SETH DOWNING v. KNOX COUNTY BOARD OF ZONING APPEALS ET AL. - Articles

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SETH DOWNING v. KNOX COUNTY BOARD OF ZONING APPEALS ET AL.

Posted by: Azya Thornton on Jul 7, 2025

Court: TN Court of Appeals

Attorneys 1: Daniel A. Sanders, Knoxville, Tennessee, for the appellant, Seth Downing.

Attorneys 2: Benjamin C. Mullins and Richard E. Graves, Knoxville, Tennessee, for the appellee, Serghey Botezat.

Attorneys 3: Michael Moyers, Knoxville, Tennessee, for the appellees, Knox County Board of Zoning Appeals and Knox County, Tennessee.

Judge(s): DAVIS

This appeal arises out of a local planning commission’s approval of a development plan application. The Plaintiff sought to appeal the planning commission’s approval of the application to the local board of zoning appeals; however, a local zoning ordinance permitted the plan applicant to opt out of the appeal before the board of zoning appeals, which he did. The plaintiff then filed a petition for a writ of certiorari in the circuit court, challenging the planning commission’s approval of the application and the dismissal of his appeal by the board of zoning appeals. The plaintiff claimed that the opt-out provision violates his constitutional right; thus, by applying the opt-out provision, the board of zoning appeals acted illegally. The circuit court dismissed the petition, holding that the plaintiff impermissibly combined an original action with a petition for certiorari review. The circuit court also dismissed the plaintiff’s claim regarding the planning commission’s actions because the plaintiff did not sufficiently verify his petition. Finding no reversible error, we affirm the judgment of the circuit court.

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