Edwards v. Allen, No. M2004-01944-COA-R3-CV (TN 11/28/2005)
| Decision Date | 28 November 2005 |
| Docket Number | No. M2004-01944-COA-R3-CV.,M2004-01944-COA-R3-CV. |
| Parties | STEVEN A. EDWARDS, ET AL. v. NANCY ALLEN, ET AL. |
| Court | Tennessee Supreme Court |
Appeal from the Chancery Court for Rutherford County; No. 03-6806CV; Robert E. Corlew, III, Chancellor.
Judgment of the Chancery Court Reversed.
Frank M. Fly, Kerry Knox, Murfreesboro, Tennessee, for the appellants, Steven A. Edwards, Sally Edwards, Fran Lovell, Tonia Nadeau, and Joanne M. Batey.
D. Randall Mantooth, Mark W. Honeycutt, II, Nashville, Tennessee, for the appellee, Nancy Allen, Rutherford County Executive.
John I. Harris, III, Nashville, Tennessee, for the appellee, Alan Loveless.
G. Sumner R. Bouldin, Jr., Murfreesboro, Tennessee, for the appellees, Tommy G. Jackson and Susanne Jackson.
William B. Cain, J., delivered the opinion of the court, in which William C. Koch, Jr., P.J., M.S., and Patricia J. Cottrell, J., joined.
Plaintiffs appeal the action of the trial court in granting Defendants' Tennessee Rule of Civil Procedure 12.02(6) Motions to Dismiss their challenge to a November 9, 1992, amendment to the Rutherford County Zoning Resolution. The trial court determined that the 10-year statute of limitations provided by Tennessee Code Annotated section 28-3-110 barred the action and that the discovery rule did not apply. We hold that on the record before the Court, the November 9, 1992, purported amendment is void ab initio. The judgment of the trial court is reversed, and the cause is remanded for further proceedings.
Defendants Tommy G. Jackson and wife Susanne Jackson were owners of a 108.1-acre tract of land located at 8890 Big Springs Road, Rutherford County, Tennessee. Prior to November of 1992, this land was zoned "residential 20" under the Rutherford County Zoning Resolution. On October 2, 1992, Mr. Jackson submitted a Rutherford County Land Use Application Form to the Rutherford County Regional Planning Commission requesting that he be allowed to use 10 acres of his 108.1-acre tract for "at present one skeet field and one trap field, in future possibly more skeet fields and trap fields." The Planning Commission on October 10, 1992, published a Notice of Public Hearing in the Daily News Journal, a newspaper of general circulation in Rutherford County. This Notice asserted that the County Commission would hold a public hearing on Monday, November 9, 1992, at 7:30 p.m. in the Circuit Court Room of the Rutherford County Courthouse to obtain public comment on pending matters which included:
3) a request submitted by Tommy Jackson to reclassify a ten acre parcel from R-20 to Service 7997 to allow a skeet and trap field. The parcel is located on Big Springs Road as referenced by Tax Map 173, Parcel No. 16.02, as recorded in deed book 243, page 170 in the Rutherford County Register of Deed's office.
Joe Black Hayes, Chairman RUTHERFORD COUNTY REGIONAL PLANNING COMMISSION.
To be run: October 10, 1992.
The Rutherford County Planning Commission held its regular meeting on October 19, 1992, and the minutes of that meeting provide:
Location: Big Springs Road, Tax Map 173, Parcel Number 16.02. Mr. Jackson requested reclassification of a 10 acre parcel from Residential 20 to Service 7997 to allow skeet and trap fields.
Mr. Jackson stated that the skeet and trap fields will be a private club. He said that their (sic) will be no alcoholic beverages on the property. He stated that up to five members would be shooting at one time and the rest would wait at the clubhouse. The operating hours would be from 10 a.m. to 7 p.m. on Monday through Saturday and from 12:30 p.m. to 7 p.m. on Sundays. They plan to have no lighting.
Chairman Hayes opened the floor to public hearing. Mary Hawthorn stated that she live[s] on adjoining property and is concerned with the gun shots spooking their ponies. Bill Gum stated that he owns adjoining property with cattle on his property and is opposed to the request due to the potential of cattle being shot. Grady Jones stated noise from a four-wheeler or chainsaw would be greater than the shotguns fired on the property. Ed Barrett stated that a shot gun is much safer than a riffle (sic) and would not carry 300 yards. Douglas Hawthorn expressed concern of noise and number of people on the property.
Following further discussion, Mr. Phillips made a motion, seconded by Dr. Fullerton to approve Mr. Jackson's request with no lighting or alcoholic beverages allowed, and on shooting after 7 p.m. The motion carried unanimously be (sic) roll call vote (11 for).
The agenda of the Rutherford County Commission meeting for November 9, 1992, contained an entry disclosing:
The record contains no evidence of the actual proceedings before the Rutherford County Commission on November 9, 1992, other than the official minutes of such meeting which contain the following:
A RESOLUTION TO AMEND THE RUTHERFORD COUNTY ZONING MAP, ADOPTED APRIL 9, 1962
WHEREAS, the Rutherford County Regional Planning Commission in regular session October 19, 1992 completed a detailed analysis of property referenced by Zoning Map No. 173, Parcel No. 16.02, located in the 24th Civil District on Big Springs Road; and
WHEREAS, due notice was published and a hearing held in accordance with Tennessee Code Annotated 13-7-105 and Article IV of the Rutherford County Zoning Resolution; and
WHEREAS, it had been determined that the proposed reclassification of the above referenced property will not adversely affect the health, safety, or general welfare of the citizens of Rutherford County; and
WHEREAS, the Rutherford County Regional Planning Commission recommends that the subject property be reclassified from Residential 20 to Service 7997 to allow a skeet field by a vote of 11 for.
NOW THEREFORE BE IT RESOLVED by the Rutherford County Board of Commissioners that:
The Zoning Map of Rutherford County be amended by reclassifying from Residential 20 to Service 7997 as referenced by Tax Map 173, Parcel Number 16.02, and starting from a pin in Beginning at a pin in Big Springs Road S 1E 34' 40" E 795.8' to a pin S 15E 13' 20" W 342.8' to a pin by a 18" Hickory S 23E 4' 31" W 321.4' to a pin S 6E 15' W 537.2' to a pin S 84E 7' E 1071.4' to a pin S 82E 49' E 126.15' to a pin N 11E 40' 72" W 2139.72' to a pin N 87E 7' W 207.45' to a pin N 86E 5' W 849.9' to a pin which is the beginning N 86E 43' W 845.65' containing 90 acres more or less and hereby established upon Zoning Map 173 on file as reclassification request A-286 at the Rutherford County Planning Department. The reclassification is approved with the following conditions: no artificial lighting, alcoholic beverages, or shooting after 7 p.m.
Chairman John B. Mankin recessed the Rutherford County Board of Commission Meeting to hold a Public Hearing on the Tommy Jackson rezoning request.
Chairman John B. Mankin requested that all those desiring to speak for or against the issue to please stand, state their name and give a brief statement as to whether they are for or against the issue and why.
Tommy Jackson spoke for his request briefly. Ed Barrett also spoke in favor or (sic) the request.
No one spoke against the issue.
Chairman John B. Mankin closed the Public Hearing and called the Rutherford County Board of Commission Meeting back in session.1
Thus, we see that everything from the original Application to Rezone through the Notice of Public Hearing through the proceedings before the Planning Commission of October 19, 1992, and up until the Final Resolution of the Rutherford County Commission of November 9, 1992, concerns only a 10-acre tract. The first time there is any mention of a 90-acre tract is in the actual rezoning resolution adopted by the Rutherford County Commission following the public hearing on November 9, 1992.
From November 9, 1992, until some time in 1999, all went well among the neighbors as Mr. Jackson limited his skeet range operation to the 10 acres of property for which he originally requested the zoning reclassification. Some time in 1999 Mr. Jackson allowed the defendant Alan Loveless d/b/a Big Springs Clay Target Sports to begin operation on the property, and he expanded the shooting range to cover approximately 60 acres of the Jackson tract.
On June 13, 2003, the present action was filed seeking declaratory judgment that the Rutherford County Commission's November 9, 1992, Resolution:
(1) Violates the express terms of the Rutherford County Zoning Resolution and is therefore unlawful, invalid and of no effect whatsoever;
(2) Constitutes "illegal spot zoning" because it was clearly arbitrary and capricious, having no relation to the public health, safety and welfare of the citizens of Rutherford County and because it arbitrarily favored individual landowners to the detriment of the surrounding landowners, and is therefore unlawful, invalid and of no effect whatsoever;
(3) Violated Tennessee Code Annotated § 13-7-105 because the Rutherford County Commission provided a description of the property to be rezoned in its notice of hearing that was substantially, materially and...
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