SNPCO Inc., d/b/a Salvage Unlimited v. City of Jefferson City, et al.

E2009-02355-SC-R11-CV
Date / Time: 
August 31, 2011 - 1:30pm


PLEASE NOTE: This oral argument will not take place at the Knoxville Supreme Court building. Instead, it will take place at the following location: 

The Duncan School of Law
601 West Summit Hill Drive
Knoxville, TN 37902

Lower Court Summary:

The question before this Court is whether the grandfather clause of Tennessee Code Annotated section 13-7-208(b)(1) protects the owner of newly annexed city property from the enforcement of a citywide ordinance prohibiting the sale and storage of fireworks.  Interpreting section 13-7-208(b)(1) strictly against the landowner, we hold that the grandfather clause does not apply because the ordinance is not a “zoning” restriction or regulation, i.e., the ordinance does not regulate the use of property within distinct districts or zones pursuant to a comprehensive zoning plan. Accepting the facts alleged in the landowner’s amended complaint as true, the landowner is not entitled to an injunction prohibiting enforcement of the ordinance against its preexisting fireworks business. We accordingly affirm the dismissal of the landowner’s amended complaint for failure to state a claim upon which relief may be granted.

Court: 
Supreme Court
County: 
Jefferson
Division: 
Eastern Section