# Ready Mix, USA, LLC v. Jefferson County, Tennessee

> Tennessee Supreme Court · August 30, 2012 · 380 S.W.3d 52

URL: https://www.frixlaw.com/law-library/cases/9522236

## Case

- **Full name:** READY MIX, USA, LLC v. JEFFERSON COUNTY, Tennessee
- **Court:** Tennessee Supreme Court
- **Decided:** August 30, 2012
- **Citations:** 380 S.W.3d 52; 2012 Tenn. LEXIS 621; 2012 WL 3757025
- **Precedential status:** Published
- **Opinion:** Concurrence by Koch
- **Judges:** Justice Gary R. Wade
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9522236

## How later opinions describe it (automated extraction)

- finding a declaratory judgment action was appropriate despite the availability of a writ of certiorari because “[t]he complaint required an assessment of whether the Company, by its actions prior to the passage of the zoning ordinance, invoked the protections of Tennessee Code…
- finding a party was not required to exhaust its administrative remedies where the key issue for review was whether the landowner “by its actions prior to the passage of the zoning ordinance, invoked the protections of [the Grandfather Clause]” and thus presented a question of …

## Opinion text

WILLIAM C. KOCH, JR., J.,
concurring.
I concur with the Court’s conclusion that the evidence does not preponderate against the trial court’s finding that Ready Mix, USA, LLC’s activities on its property established pre-existing use and, therefore, qualify for protection under Tenn. Code Ann. § 13-7-208 (2011). I base my decision entirely on our prior precedents construing Tenn.Code Ann. § 13-7-208 without any consideration, directly or indirectly, of the diminishing assets doctrine.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9522236. Public record. Not legal advice.