William Foehring Et Al v. Monteagle Regional Planning Commission Et Al.

Case Number
M2022-00916-COA-R3-CV

This appeal concerns the approval of a site plan.  William Foehring, Janice Foehring, William Best, Mary Beth Best, Ron Terrill, and Sandra Terrill (“Petitioners”) filed a petition for common law writ of certiorari against the Monteagle Regional Planning Commission (“the Commission”) and RBT Enterprises, LLC (“RBT”) (collectively, “Respondents”) in the Chancery Court for Marion County (“the Trial Court”).  Petitioners alleged that the Commission acted illegally, arbitrarily, and capriciously in approving the site plan at issue because the underlying zoning for one of the parcels is invalid.  The Trial Court ruled in favor of Respondents.  Petitioners appeal.  In a parallel declaratory judgment action case arising out of the same facts, we determined that the underlying zoning is valid, which is dispositive of this appeal.  We affirm the Trial Court.

Authoring Judge
Chief Judge D. Michael Swiney
Originating Judge
Chancellor Melissa Thomas Willis
Date Filed
Download PDF Version