· 9/20/2022

Sporting Club of Tennessee, Inc. v. Marshall County Tennessee Board of Zoning Appeals

Syllabus

This appeal concerns a zoning decision. The Sporting Club of Tennessee, Inc. (\the Sporting Club\) filed an application with Marshall County, Tennessee for a special exception for a private park. The club was to be situated on 285 acres of property and would feature a number of recreational activities like shooting. It would have 150 members and corporate members along with their families and guests. After a hearing, the Marshall County Board of Zoning Appeals (\the Board\) denied the Sporting Club's application on grounds that the Sporting Club would not be low-impact, or passive, with respect to its surroundings. The Sporting Club filed a petition for common law writ of certiorari in the Chancery Court for Marshall County (\the Trial Court\). The Trial Court upheld the Board's decision. The Sporting Club appeals to this Court. We conclude that the Board's decision was supported by material evidence—namely, evidence concerning the Sporting Club's 150 members and guests and the likely impact they would have on the property's surroundings. The Board's decision neither was arbitrary, capricious, nor illegal. We affirm.

Judges: Judge D. Michael Swiney

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