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· 4/29/2019

Venture Holdings, LLC v. Metropolitan Government Of Nashville And Davidson County, Tennessee, by and through Metropolitan Board of Zoning Appeals

Syllabus

This case involves an appeal to the Davidson County Chancery Court (\trial court\) of an administrative zoning decision denying an application for a special exception permit. In January 2018, the petitioner, Venture Holdings, LLC (\Venture\), filed an application with the respondent, the Metropolitan Government of Nashville and Davidson County, Tennessee, acting by and through the Metropolitan Board of Zoning Appeals (\the Board\), for a special exception permit to build a waste transfer station at a particular location. Following an administrative hearing, the Board denied Venture's application upon finding that Venture had failed to meet the applicable requirements set forth by the Zoning Code for Metropolitan Nashville and Davidson County (\Metro Code\). Venture, through a petition for writ of certiorari, appealed the Board's decision to the trial court, alleging that the Board's decision was not supported by substantial or material evidence and was illegal, arbitrary, and capricious. Following a hearing, the trial court found substantial and material evidence to support the Board's decision and affirmed the Board's denial of Venture's application. Venture timely appealed. Discerning no reversible error, we affirm.

Judges: Judge Thomas R. Frierson, II

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