Opinion

Whittemore v. Brentwood Planning Commission

  • 835 S.W.2d 11
Court
Court of Appeals of Tennessee
Filed
Mar 4, 1992
Status
Published
On the bench
Koch, Lewis, Cantrell
Cited by
39 cases

stating that “[t]he meaning of a zoning ordinance and its application to a particular circumstances are, in the first instance, questions for the local officials to decide”

How later courts described this case

  • stating that “[t]he meaning of a zoning ordinance and its application to a particular circumstances are, in the first instance, questions for the local officials to decide”
  • allowing a direct challenge in the chancery court to the approval of a proposed land use under section 13-14-104 and holding that the decision was not reviewable by the board of zoning appeals

Written by the judges who cited it.

The opinion

ORDER ON PETITION FOR REHEARING

The appellants have filed a Tenn. R.App.P. 39 petition for rehearing pointing out that additional information exists concerning the legislative history and prior administrative construction of Brentwood Ordinance No. 11-805. While this information may exist, it is not in the appellate record and, therefore, does not provide a basis for our reconsideration of the opinion heretofore issued on February 12, 1992.

The petition for rehearing is respectfully denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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