Selected Land Use Litigation and Other Trials:
Participation by George Dean

• Holman v Bord, Manchester, TN; December 2005.
  
• Stovall v Clarke, Williamson County Chancery Court; October 2005.
  
• Bryant v Jones, Murfreesburo, TN; August 2005.
  
• Harding v Metro Bd of Building Code Appeals, Davidson County Chancery Court, Docket # 03-1717-II; July 29, 2004 (successfully reversed Bldg Code Bd's denial of demo permits) A copy of the trial court opinion may be reviewed here.
  
• Porter v Robertson County BZA, Robertson County Chancery Court; March 3, 2004 (successfully reversed denial of game preserve permit)
  
• Bolton v Williamson County Planning Commission, Williamson County Chancery Court, Docket # 29567; March 3, 2004 (successfully reversed Planning Commission denial of site plan) A copy of the trial court opinion may be reviewed here. A copy of the brief may be reviewed here.
  
• State ex rel. Harding Academy v Metro Government, Davidson County Chancery Court, Docket # 03-1354-II; May 28, 2003 (mandamus to obtain park permit and demolition permits; granted as to park permit, denied as to demo permits).
  
• Custom Waste Management v Town of Coopertown, Robertson County Chcancery Court, Docket # 17206; April 30, 2003 (defense of BZA decision denying non-conforming use to landfill site; trial court upheld BZA decision; appeal pending). A copy of the trial court opinion may be reviewed here.
  
• DE Ryan v. Metro Board of Zoning Appeals, Davidson County Circuit Court, Docket # 00C-3050; March 25, 2003 (successfully appealed adverse decision of MBZA concerning non-conforming property, its use as an ice cream store, and possible expansion under the Tennessee Non-Conforming Property Act, Tenn. Code Ann. § 13-7-208; appeal pending).
  
• Metropolitan Government v. Eaton's Creek Farm, Davidson County Circuit Court, Docket # 01C-1033; January 27, 2003 (successfully defended property owner against zoning violation charges based upon agricultural use of property).
  
• Taylor v. CCA, US District Court, Middle District, Docket # 1:00-0089, November 5, 2002 (successfully defended physician in civil rights case, involving allegations of deliberate indifference to a serious medical need)
  
• Billings v. Prison Health Services, and Dr. Donald Boatright, Davidson County Circuit Court, Docket # 96C-2298; July 22, 2002 (defended physician in medical practice case involving alleged misdiagnosis of cardiac infarction); 8 day trial; jury did not reach a verdict but case against Dr. Boatright dismissed upon payment of court costs.
  
• Slagle v. Morris, Smith County Circuit Court, Docket # 4368W; July 11, 2002 (assisted Rose Cantrell in successful defense of physician in medical practice case involving shoulder dystocia).
  
• Jones Land Company v. Williamson County Board of Zoning Appeals, Williamson County Chancery Court, Docket # 28249, March 25, 2002 (represented property owner seeking a reversal of zoning board's denial of rear yard variance based on doctrine of equitbale estoppel where required open space was immediately adjacent to and behind the required yard). A copy of the case may be reviewed here. A copy of the brief may be reviewed here.
  
• Pending Triune Neighborhood Association v. Williamson County Planning Commission, Williamson County Chancery Court, Docket # 28417, March 25, 2002 (represented neighborhood association reversing planning commission approval of conditional use permit as being ultra vires the state zoning enabling legislation).
  
• Pending In Re: Fayette County Growth Plan, Panel of Administrative Law Judges, (12 days of hearings over 6 months, representing City of Piperton). Hearing is not yet complete.
  
• City of Lebanon v. Harris, 2001 WL 1191406 (Tenn.Ct.App., October 10, 2001) (successfully represented the city in overturning trial court decision that portable buildings used solely as advertising structures were not "signs" within the meaning of the zoning ordinance). A copy of the case may be reviewed here. A copy of the brief may be reviewed here.
  
• Thomas v. O'Toole, 2001 WL 950200 (Tenn.Ct.App., August 22, 2001) (successfully defended physician in medical practice case). A copy of the case may be reviewed here.
  
• Houde v. Grande, Davidson County Circuit Court, Docket # 97C-3533, August 10, 2001 (successfully defended physician in medical practice case, but new trial ordered based on juror research on the internet).
  
• Parks Properties v. Maury County, 2001 WL 935324 (Tenn.Ct.App., August 17, 2001) (successfully defended County and Building Codes Official against claims of negligence and allegations of violations of property owner's constitutional rights).
  A copy of the case may be reviewed here and the Opinion Denying Petition for Rehearing is here. A copy of the brief may be reviewed here.
  
• National Auto/Truck Stops, Inc. v. Williamson County, Tennessee, 2001 WL 434860 (Tenn.Ct.App., April 30, 2001) (successfully challenged county zoning amortization provision as violative of Tenn. Code Ann. § 13-7-208). A copy of the case may be reviewed here.
  The brief may be reviewed here.
  
• Dickson County v. Jennette, 2000 WL 1121550 (Tenn.Ct.App., August 9, 2000)(successfully represented county in effort to enjoin operation of rock quarry). A copy of the case may be reviewed here. A copy of the brief may be reviewed here.
  
• Phillips, Polhemus, and Carter v. Metro Government and Don Swartz, United States District Court for the Middle District of Tennessee, Docket ## 3:96-0924 & 3:98-0059, September, 2000 (successfully defended Metro codes enforcement officer against claim of employment discrimination).
  
• Show Me Farms v. Wall, Davidson County Circuit Court, Docket # 99C-1754, January 5, 2000 (defended agricultural property owner against effort of Metropolitan Government and neighbors to enjoin continued operation of farm based upon violation of Metro Zoning Ordinance; case ultimately settled).
  
• WhiteCo Metrocom v. Metro Board of Zoning Appeals, Davidson County Docket # 98C-2409, January 2000 (successfully reversed decision of zoning board denying permission to reconstruct billboards destroyed by tornado). A copy of the case may be reviewed here.
  
• Joiner v. Evans, Brown, Gray, and others, US Circuit Court of Appeals for the Sixth Circuit, Docket # 99-5128, December 13, 2000 (successfully defended Metro Codes enforcement officer against civil rights claim brought by persistent codes offender based upon posting of signs). A copy of the brief may be reviewed here.
  
• Jennings v. Case, 10 S.W.3d 625 (Tenn.Ct.App., August 12, 1999) (represented physician in medical malpractice suit; although this portion of case was reversed, doctor was later dismissed). A copy of the case may be reviewed here, and the dissent is here.
  
• Jacksonian Foundation v. Metro Board of Zoning Appeals, Davidson County Docket # 98C-1755, April 30, 1999 (successfully defended decision of zoning board granting variance to Walgreens for several bulk variances; this is an example of one of the few genuinely appropriate variances that can be granted under Tennessee law, Tenn. Code Ann. § 13-7-207(3) ). A copy of the case may be reviewed here.
  
• Burson & Simpson Lodge Developments, Inc. v. Metropolitan Government of Nashville and Davidson County, 1999 WL 114257 (Tenn.Ct.App., March 5, 1999) (successfully challenged failure of Planning Commission to approve preliminary PUD). A copy of the case may be reviewed here.
  
• Harpeth Valley Utilities Dist. of Davidson and Williamson Counties v. Metropolitan Government of Nashville & Davidson County, 1998 WL 313397 (Tenn.Ct.App., June 12, 1998) (successfully enjoined Metro's attempt to apply local zoning to the Utilities District, based on the land use doctrine known as intergovernmental immunity). A copy of the case may be reviewed here and the important concurring opinion here.
  
• Mormons v. City of Forest Hills, Davidson County Chancery Court, Docket # 95-1137, 96-868, and 96-1421, January 27, 1998)(successfully defended city against claims of religious discrimination in zoning). A copy of the case may be reviewed here.
  
• Family Golf v. Metropolitan Government of Nashville and Davidson County, Tenn., 1997 WL _____ (Tenn.Ct.App., October 13, 1997) (unsuccessfully challenged zoning change based on its failure to conform to the General Plan for the Metropolitan Government). A copy of the case may be reviewed here.
  
• Hoover, Inc. v. Metropolitan Bd. of Zoning Appeals of Davidson County, Tenn., 955 S.W.2d 52 (Tenn.Ct.App., March 12, 1997)(successfully reversed zoning board decision denying conditional use permit). A copy of the case may be reviewed here.
  
• George v. Alexander, 931 S.W.2d 517 (Tenn., October 7, 1996) (represented physicians in medical malpractice case); lower court decision holding for physicians is 1995 WL 73406 (Tenn.Ct.App., February 24, 1995).
  
• Tumen v. Metro Board of Zoning Appeals, Davidson County Chancery Court, Docket # 95-765-I, September 19, 1996 (successfully represented neighbor opposed to variance because the hardship was self-created; although this portion of the case indicates that attorneys fees could not be recovered, the court later amended its ruling and ordered fees paid by the Metropolitan Government). A copy of the case may be reviewed here.
  
• Hovenden v. City of Gallatin, 1996 WL 99800 (Tenn.Ct.App., March 8, 1996) (successfully defended Wal-Mart in suit to invalidate city approved planned unit development). A copy of the case may be reviewed here.
  
• Hoover, Inc. v. Metro Bd. of Zoning Appeals, 924 S.W.2d 900 (Tenn.Ct.App., January 5, 1996)(successfully reversed zoning board decision denying conditional use permit). A copy of the case may be reviewed here.
  
• Davis Group (MC), Inc. v. Metropolitan Government of Nashville and Davidson County, 912 S.W.2d 178 (Tenn.Ct.App., November 1, 1995)(successfully overturned Metro Council's decision denying approval to planned unit development). A copy of the case may be reviewed here.
  
• Heflin v. Stewart County, Tennessee, 1995 WL 614201 (Tenn.Ct.App., October 20, 1995) (successfully defended county from negligence claim arising out of a jail suicide by hanging). A copy of the case may be reviewed here, and the concurring opinion is here.
  
• Martin v. Opryland USA, Inc., 1995 WL 322632 (Tenn.Ct.App., May 26, 1995)(won jury verdict on neglignece claim for Opryland, but reversed on appeal)
  
• Fields v. Moore, 1994 WL 287563 (Tenn.Ct.App., June 30, 1994) (court denied request to enjoin enforcement of restrictive covenants as against double-wide manufactured home based on waiver argument (two other double-wide home had already been permitted in the subdivision)).
  
• Zimmerman v. Elm Hill Marina, 839 S.W.2d 760 (Tenn.Ct.App., May 1, 1992)(successful defense of marian from wrongful death claim)
  
• Gregory v. Metropolitan Bd. of Zoning Appeals of Metropolitan Government of Nashville and Davidson County, 1991 WL 17174 (Tenn.Ct.App., February 15, 1991) (successfully reversed zoning board decision denying conditional use permit for C & D landfull).
  
• Tennessee Manufactured Housing Ass'n v. Metropolitan Government of Nashville, 798 S.W.2d 254 (Tenn.Ct.App., August 24, 1990)(successfully enjoined enforcement of zoning law prohibiting placement of double-wide manufactured homes in residential zoning districts by operation of Tenn. Code Ann. § 13-24-201, et. seq., and the Comprehensive Zoning Ordinance of Metropolitan Nashville and Davidson County)
  
• Self v. Wal-Mart Stores, Inc., 885 F. 2d 336, (6th Cir. Tenn. 1989) (successfully defended Wal-Mart from negligence claim).
  
• Father Ryan High School, Inc. v. City of Oak Hill, by and through the Oak Hill Board of Zoning Appeals, 774 S.W.2d 184, 55 Ed. Law Rep. 773 (Tenn.Ct.App., November 16, 1988) (successfully reversed zoning board decision denying conditional use permit/special exception to local high school).
  
• Shope v. Metropolitan Taxicab and Wrecker Board, 1988 WL 116386 (Tenn.Ct.App., November 2, 1988)(successfully reversed decision of board revoking license)
  
• Metropolitan Historical Com'n v. Colony Associates Joint Venture, 1988 WL 109234 (Tenn.Ct.App., Oct 19, 1988)(successfully reversed decision of zoning board granting variance in sky exposure plane)
  
• Rutherford Creek Planning Commission v. Smith, 1987 WL 8840 (Tenn.Ct.App., Apr 1, 1987)(won in trial court injunction prohibiting placement of single-wide manufactured homes in residential zoning district, but reversed on appeal).
  
• Barish v. Metropolitan Government of Nashville and Davidson County, 627 S.W.2d 953 (Tenn.Ct.App., Dec 8, 1981)(successfully defended negligence claim on behalf of Metro Nashville arising out of demolition of 7 properties owned by absentee landlord).
  
• Davis v. Metropolitan Government of Nashville and Davidson County, 620 S.W.2d 532 (Tenn.Ct.App., Jun 29, 1981)(successfully defended Metro Nashville from a claim of negligent enforcement of the zoning ordinance resulting in the loss personal property in the form of a number of junk automobiles).
  
• Nashvillians Against I-440 v. Lewis, 526 F. Supp. 962, 18 ERC 1303, 12 Envtl. L. Rep. 20,616 (M.D. Tenn. 1981)(successfully defended Metro Nashville in claims arising from alleged deficiencies of Environmental Impact Statement done for I-440).
  

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