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· 8/21/2019

Richard Keith v. Maury County Board of Zoning Appeals

Syllabus

After receiving a cease and desist letter from a local zoning official forbidding them from hosting an off-road event on their property, landowners appealed to the board of zoning appeals. The board denied their application. And landowners sought review by filing an unverified petition for writ of certiorari in the chancery court. On the board's motion, the court dismissed the petition for lack of subject matter jurisdiction. On appeal, landowners argue that their petition in actuality seeks declaratory relief. We conclude that landowners were challenging a quasi-judicial decision of a local board of zoning appeals and that a petition for writ of certiorari was the proper method for seeking review. Because landowners' petition was not verified, we affirm the dismissal.

Judges: Judge W. Neal McBrayer

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.