Grady Cunningham v. Bedford County, Tennessee
Syllabus
A landowner filed a declaratory judgment action alleging that the Bedford County Board of Commissioners' denial of his request to rezone his property was arbitrary and capricious, violated his due process rights under 42 U.S.C. section 1983, constituted a regulatory taking, and that the Commission violated the Tennessee Open Meetings Act when it met with its counsel prior to taking the vote. The landowner requested compensatory damages for the manner in which his application to rezone his property was handled and compensation for the taking of his property. After a bench trial, the trial court held that the Commission's decision was arbitrary and capricious and violated the landowner's due process rights the court ordered the property rezoned from residential to commercial and awarded the landowner damages. The court held that there had been no regulatory taking and no violation of the Open Meetings Act. Both parties appeal. Upon review, we have determined that the court erred in holding that the Commission's decision to deny the application for rezoning was arbitrary and capricious and in ordering the property rezoned in holding that the landowner's due process rights were violated and in awarding damages and attorney fees to the landowner we affirm the decision in all other respects.
Judges: Judge Richard H. Dinkins
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15 cases in this archive are cited by this case.
- Board of Regents of State Colleges v. RothSupreme Court· 1972-06-29· cited 14,284×
- McCallen v. City of MemphisTennessee Supreme Court· 1990-03-05· cited 237×
- Puckett v. Lexington-Fayette Urban County GovernmentSixth Circuit· 2016-08-15· cited 139×
- Fallin v. Knox County Board of CommissionersTennessee Supreme Court· 1983-08-29· cited 120×
- Martin v. SizemoreCourt of Appeals of Tennessee· 2001-08-22· cited 115×
- Kaplan v. BugallaTennessee Supreme Court· 2006-04-13· cited 92×
- Robert T. Richardson v. Township of BradySixth Circuit· 2000-07-05· cited 84×
- Mack Phillips v. Montgomery County, TennesseeTennessee Supreme Court· 2014-08-18· cited 59×
- Garcia v. Federal National Mortgage Ass'nSixth Circuit· 2015-04-07· cited 47×
- State Ex Rel. SCA Chemical Waste Services, Inc. v. KonigsbergTennessee Supreme Court· 1982-06-28· cited 41×
- Rowe v. Board of EducationTennessee Supreme Court· 1996-11-04· cited 39×
- Parks Properties v. Maury CountyCourt of Appeals of Tennessee· 2001-09-20· cited 34×
- Family Golf of Nashville, Inc. v. Metropolitan Government of Nashville & Davidson CountyCourt of Appeals of Tennessee· 1997-10-10· cited 30×
- Mullins v. City of KnoxvilleCourt of Appeals of Tennessee· 1983-11-15· cited 14×
- Keeton v. City of GatlinburgCourt of Appeals of Tennessee· 1984-10-11· cited 9×
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