The Metropolitan Planning Commissions motion to dismiss the 8th District Preservation Association's MPC lawsuit was denied. Here's the press release from the 8th District Preservation Association:
Bob Wolfenbarger, Donna Bohon
Today Chancellor Daryl R. Fansler heard a Motion to Dismiss the Metropolitan Planning Commission from the lawsuit filed by the 8th District Preservation Association plaintiffs on the proposed Midway Road Industrial Park. That motion was denied.
The lawsuit brought by the 8th District plaintiffs is in two parts. The first is a certiorari action alleging that the MPC arbitrarily amended its East Sector Plan in order to facilitate the re-zoning of the Midway Road Property. The second part is a declaratory judgment action against the Knox County Commission asking the Court to declare the re-zoning null and void.
The MPC filed a Motion to Dismiss the Certiorari Action, asserting that MPC's amendment of its sector plan was not an appealable action. The 8th District Plaintiffs responded that the amendment of the sector plan was indeed a final appealable action by MPC, and that the Motion should be denied and the appeal should be allowed to go forward.
Chancellor Fansler, after careful consideration of the state statute, the Knox County Zoning Ordinance and the opinion of the Court of Appeals, agreed with the argument of the 8th District plaintiffs. A copy of the 8th District argument is attached for your information.
Their brief on the motion to dismiss is attached.
|Brief on Motion on Cert.pdf||87.71 KB|
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