More on Corruption in Zoning
201509.29
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More on Corruption in Zoning

by in News

This time around, the case involves unethical pressure on members of the local board of zoning appeals. The case comes to us from Indianapolis, where a former law enforcement officer was elected to a position with the city council.

Lots of Record
201509.29
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Lots of Record

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Cheatham County v Cheatham County Board of Zoning Appeals, 2012 WL This very unusual case involves two decisions by the Cheatham County Board of Zoning Appeals. The board originally heard an appeal regarding access to the subject property and granted it. Roughly a year later, after the property had been sold, the new owner obtained…

Sign Regulations and the First Amendment
201509.29
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Sign Regulations and the First Amendment

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Unfortunately, everyone struggles with the applicability of the First Amendment to the federal Constitution in the context of sign regulations. One of the leading authorities in land use planning law in this country, Daniel Mandelker, has written a publication available online reviewing this area of the law and its impact specifically on business accessory and…

Cert petitions: First applications
201509.29
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Cert petitions: First applications

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A recent Tennessee Court of Appeals decision involving the common law writ of certiorari highlighted a case decided by the Tennessee Supreme Court over a year ago, but one which I had missed. The recent case, handed down within just the last day or two by the Tennessee Court of Appeals, Phillips v Northwest Correctional…

The Mechanics of Mechanics’ Liens
201509.29
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The Mechanics of Mechanics’ Liens

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One question my contractor clients often ask me is, “how can I ensure I get paid?” Unfortunately, there is nothing out there that can guarantee contractors will get paid. Many years ago, the legislature enacted the Mechanic’s and Materialmen’s Lien Statute as a means of providing contractors security from non-payment. A mechanic’s lien is a…

Sign Ordinance Upheld
201509.29
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Sign Ordinance Upheld

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A couple of years ago, I posted a comment on an interesting sign case involving a spray-painted message on the front of a home in the town of Cary, North Carolina. You can find that post here. The town lost in front of the trial court, which concluded that the sign ordinance violated the First…

Encountering a burial ground during construction: Is your project dead?
201509.29
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Encountering a burial ground during construction: Is your project dead?

by in News

Tennessee is experiencing significant growth, and is expected to continue to grow. This growth should lead to more commercial, industrial and residential development. Given our history as a rural and (at one point) frontier state, many developers may encounter a truly unexpected site condition: grave sites. The presence of a burial ground will impact the…

McBride v Farragut BZA
201212.01
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McBride v Farragut BZA

McBride v. Farragut Board of Zoning Appeals, (Tenn App November 29, 2012) The petitioning homeowner, lived in a residence constructed in 1971 with a raised concrete deck on the rear of her home. In 2011, she submitted an application to erect columns and a roof over the existing deck. The local zoning ordinance permitted patios…

Equal Protection, Class of One
201208.30
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Equal Protection, Class of One

Loessel v City of Frankenmuth, 692 F. 3d 452 (6th Cir. 2012) This is an interesting case where a city with a historic town center attempted to keep Wal-Mart from opening a store in its downtown area. The owners of the property contracted with Wal-Mart to sell the property for the use as a store,…