Hoover v. Metropolitan Board of Housing Appeals

936 S.W.2d 950
CourtCourt of Appeals of Tennessee
DecidedAugust 1, 1996
StatusPublished
Cited by7 cases

This text of 936 S.W.2d 950 (Hoover v. Metropolitan Board of Housing Appeals) 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
Hoover v. Metropolitan Board of Housing Appeals, 936 S.W.2d 950 (Tenn. Ct. App. 1996).

Opinion

OPINION

TODD, Presiding Judge, Middle Section.

This suit was originated by a petition for certiorari to review the administrative order of the Metropolitan Board of Housing Code Appeals requiring the demolition of substandard improvements on six tracts belonging to Plaintiffs. The Trial Court reversed the order as to three of the tracts which are not involved in this appeal. The Trial Court affirmed the demolition order as to three of the tracts, and Plaintiffs appealed and have presented the issues for review in the following form:

I
The Chancellor erred, under the common law writ of certiorari, by weighing the [952]*952evidence presented before the Board and in making its owen (sic) determination of the facts.
II
The Chancellor erred in finding that the Board acted properly in denying the relief requested by the appellant when there is no material evidence in the record to support the action of the Board.
III
No sufficient material evidence exists in the record to support the decision of the Metropolitan Board of Housing Code Appeals or the trial court that subject Properties should be demolished.

The record shows, and the brief of appellant concedes that:

3. At various times, appellants received notices from the Metropolitan Department of Codes administration regarding the condition of the properties owned by the Appellants. Specifically, the following notices were sent:
November 25, 1992 as to 224 Hillcrest Drive
September 15, 1993 as to 827 Cherokee Avenue
April 4,1994 as to 910 Cahal Avenue
The notices require, among other things, the demolition of the dwellings located at the above addresses. The basis for the demolition notices was the finding that the dwellings could not be repaired for less than fifty per cent of the value of dwelling.
This action by the said Metropolitan Department of Codes Administration was appealed by the appellants to the appellee, Board on May 18,1994.

Each of the appeals to the Board of Appeals was effected by a Petition for Appeal which contained the following paragraph:

Grounds for appeal: I am appealing this before the board because I have obtained financial backing through an individual who has secured a loan through 1st Am., also matching funds with HUD (Home Rental Rehab Program) which is MDHA. There has been some work done on this property and monies spent out and I have 2 mortgages on this property. Again, I appeal also on the grounds that I am retired and if not allowed to repair this property, I will have to make mortgage payments on empty lots which will affect all future income and retirement.

The record contains a verbatim transcript of the hearing before the Board which was an informal discussion of the members of the Board with Mr. Hoover, his lawyer and contractor regarding the efforts of Mr. Hoover to finance the rehabilitation of his property. There was no discussion or testimony as to the grounds of the demolition orders, i.e., that the cost of rehabilitation of each of the properties was more than 50% of the value of the property.

After a lengthy discussion among themselves, the Board members voted unanimously to affirm the demolition orders.

The petition for certiorari states:
Petitioners would show to the court that at the hearing on June 8,1994, no evidence was presented to the Board to support the position of the Metropolitan Department of Code Administration as set out in the notice (Exhibit A). Specifically, said notice provides that the properties contained certain defects and that the cost to repair these defects exceeded fifty per cent of the value of the properties. There was absolutely no evidence as to the costs of the repairs or the physical value of the properties.
Petitioners would further show that at the hearing the Respondent, Board, accepted evidence on only one of the six properties herein, to wit; 1234 Archwood Drive, and that after the presentation of this very limited evidence of the said properties, the Petitioner, Robert P. Hoover, was invited to leave the hearing, and the [953]*953Board indicated that it would consider all the properties and send notice to the Petitioners of its decision.
Petitioners would show that in light of the complete lack of evidence supporting the conditions set out in Exhibit A, that the order of the Board is, therefore, arbitrary, capricious, illegal, and beyond its jurisdiction.
The answer of the Board states:
In response to the allegations of paragraph 7, it is averred that the Board was presented with evidence on each of the Properties at issue, and that it informed petitioner Robert Hoover at the hearing that it would inform him in writing of its decision. All remaining allegations, and those inconsistent with the foregoing, are denied.

As above indicated, appellant’s first complaint is that the Trial Court erroneously weighed the evidence.

Rule 6(b) of the Rules of this Court provides:

No complaint of or reliance upon action by the Trial Court will be considered on appeal unless the argument thereon contains a specific reference to the page or pages of the record where such action is recorded.

No such citation is found in any part of the brief of appellants. There is no transcript or narrative statement of the evidence wherein any evidence might be found supporting Plaintiffs first insistence. The Trial Judge filed a comprehensive memorandum which has been minutely examined without discovery of any indication that he weighed the evidence. On the contrary, the memorandum states:

The issue before the Court is whether the action of the Board in ordering the demolition of the properties was illegal or in excess of its jurisdiction. T.CA. § 27-8-101. The decision of the Board will not be disturbed unless it can be shown to be beyond its jurisdiction or not supported by material evidence in the record. Huddle-ston v. City of Murfreesboro, 635 S.W.2d 694 (Tenn.1982).
Petitioners contend that no evidence was presented to the Board as to the cost of repairs or the value of the properties. The Court notes that the focus of the hearing before the Board was petitioners’ claimed hardship as grounds for a variance from the demolition orders. Petitioners were seeking more time to make repairs before their properties would be demolished. It does not appear from the record presented that petitioners contested the validity of the underlying demolition orders.
If the repair of the dwelling cannot be made at a cost less than fifty per cent of value, the Codes Department is authorized to order that the building be demolished. Metro Code § 16.24.300(B).

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Bluebook (online)
936 S.W.2d 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoover-v-metropolitan-board-of-housing-appeals-tennctapp-1996.