Fiser v. City of Knoxville

584 S.W.2d 659, 1979 Tenn. App. LEXIS 314
CourtCourt of Appeals of Tennessee
DecidedFebruary 16, 1979
StatusPublished
Cited by4 cases

This text of 584 S.W.2d 659 (Fiser v. City of Knoxville) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fiser v. City of Knoxville, 584 S.W.2d 659, 1979 Tenn. App. LEXIS 314 (Tenn. Ct. App. 1979).

Opinion

OPINION

FRANKS, Judge.

This appeal presents for determination the scope of judicial review of the exercise of police powers by municipalities in regulating the use of real'property by zoning ordinances.

Plaintiffs own approximately 7 acres abutting Kingston Pike in the City of Knoxville; the acreage is presently zoned for single family residences, an R-l classification. In early 1976, in an effort to obtain approval for constructing an apartment complex on the acreage, plaintiffs made application for a change in zoning from the existing R-l to an R-2 classification. The Knoxville-Knox County Metropolitan Planning Commission recommended against the rezoning application and, subsequently, on April 6, 1976, the requested change was rejected by the Knoxville City Council on a split vote; no appeal was taken from that action.

On July 14, 1976, plaintiffs again petitioned for rezoning, requesting an R-3 classification1 (which allows a greater density of population than the R-2 classification previously requested). The petition was otherwise the same as the prior application. The commission again voted against recommending plaintiffs’ proposed rezoning, and plaintiffs then requested the city council to rezone the acreage.

On the date of the hearing before the council, plaintiffs’ attorney requested three members of the council recuse themselves from participating in the consideration of the zoning petition on the grounds that those councilmen and women had, prior to the hearing, made statements 2 or commitments, for personal or political reasons, to vote against plaintiffs’ rezoning petition. The council members declined the request and, following the presentation, the council voted 7-2 to deny the zoning request. Plaintiffs by certiorari appealed the case to the chancery court where the Chancellor permitted plaintiff, Fiser, to testify to pre-hearing statements made by individual members of the council. Two councilmen were called as witnesses by the defendants and generally refuted statements attributed to them by the plaintiff.

The Chancellor determined that two members of the council, Rex Davis and M. T. Bellah, should have recused themselves from considering the case. The Chancellor [661]*661found, in the absence of these councilmen’s testimony, that Davis had apparently made his decision to oppose the rezoning application upon the advice of the editor of the Knoxville News Sentinel, to the effect that a vote in favor of the petition would be “political suicide” and Bellah had stated to the plaintiff that he, Bellah, personally approved of the proposed project but felt compelled to abide by a signed commitment made previously to a local homeowners’ association. The substance of the commitment was a pledge to vote against any rezoning on Kingston Pike in a stated area which encompassed the proposed project. The Chancellor rejected plaintiffs’ challenges to three other council members. The Chancellor, in dismissing plaintiffs’ petition, concluded the elimination of the votes of the two disqualified members left a majority of the councilmen voting against the petition.

Plaintiffs assign as error the failure of the Chancellor to disqualify the three challenged council members and insist the action of the council should be voided due to the participation of two disqualified members and also seek alternative relief, charging either the Chancellor should have rezoned the property or remanded the petition to the council for a further determination.

Plaintiffs base their claim for relief upon the theory that the zoning process is administrative in nature, in which the city council’s role is quasi-judicial and reason under this premise that members of the council sit as impartial arbiters and are required to make their decision solely on the basis of the “facts” presented at the hearing on the petition.

This underlying basis is a misconception of the law. Plaintiffs’ argument confuses and fails to differentiate between a legislative as distinguished from an adjudicative act. An example of an administrative or adjudicative proceeding in a zoning matter is found where a board is established to hear and decide appeals relative to the application of zoning provisions to individual circumstances. But boards of this nature are not legislative bodies, as explained in Reddoch v. Smith, 214 Tenn. 213, 379 S.W.2d 641 (1964). In making the distinction, Reddoch, 379 S.W.2d at page 645, states:

It is not a legislative body, but an administrative body. Legislative authority is not delegated to it. Its decision becomes final on the facts, and an appeal therefrom is authorized to court by way of a common law writ of certiorari. .
A board of the kind here under consideration, being an administrative agency, does not have legislative powers and may not review or amend legislatively enacted rules as to uses or amend ordinances under the guise of a variance. This board was created to administer the zoning ordinance but not to formulate and revise it.

The enactment of municipal zoning ordinances in Tennessee has long been viewed as an exercise of legislative police power. Brooks v. City of Memphis, 192 Tenn. 371, 241 S.W.2d 432 (1951); Meador v. City of Nashville, 188 Tenn. 441, 220 S.W.2d 876 (1949); Mobile Home City of Chattanooga v. Hamilton County, 552 S.W.2d 86 (Tenn.App.1976); Bayside Whse. Co. v. City of Memphis, 63 Tenn.App. 268, 470 S.W.2d 375 (W.S.1971).

The limitations on the scope of judicial review of legislative exercises of police power were expressed in the early case of Spencer-Sturla Co. v. Memphis, 155 Tenn. 70, 290 S.W. 608 (1927), where the Supreme Court, considering a zoning regulation, quoted from the earlier case of Motlow v. State, 125 Tenn. 547, 589-590, 145 S.W. 177, 188 (1911):

It is said that the courts have the right to determine whether such law is reasonable. By this expression, however, it is not meant that they have power to pass upon the act with a view to determining whether it was dictated by a wise or a foolish policy, or whether it will ultimately redound to the public good, or whether it is contrary to natural justice and equity. These are considerations solely for the Legislature. In determining whether such act is reasonable, the courts decide merely whether it has any real tendency [662]*662to carry into effect the purposes designed — that is, the protection of the public safety, the public health, or the public morals — and whether that is really the end had in view, and whether the interests of the public generally, as distinguished from those of a particular class, require such interference, and whether the act in question violates any provision of the state or federal Constitution.

A further elaboration is found in Soukup v. Sell, 171 Tenn. 437, 104 S.W.2d 830 (1937).

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584 S.W.2d 659, 1979 Tenn. App. LEXIS 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fiser-v-city-of-knoxville-tennctapp-1979.