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BRUNDAGE v. CUMBERLAND COUNTY

No. E2010-00089-SC-R11-CV.

357 S.W.3d 361 (2011)

Dave BRUNDAGE et al. v. CUMBERLAND COUNTY et al.

Supreme Court of Tennessee, at Nashville.

December 19, 2011.

Attorney(s) appearing for the Case

Elizabeth L. Murphy , Nashville, Tennessee, for the appellants, Dave Brundage; Black Cat Lodge, LLC; John Coye; Barbara Coye; David Cobb; Sonja Cobb; Michael Lollar; Sherry Lollar; Larry Oran; Mary Oran; Troy Melton; Sandra Melton; Louse Devillon; Joan Devillon; Carolyn Jozwiak; Vincent Jozwiak; Phillip Miller; and Patty Miller.

Randal R. Boston , Crossville, Tennessee, for the appellees, Cumberland County and Cumberland County Commission.

William L. Penny and Corinne E. Martin , Nashville, Tennessee, for the appellees, Smith Mountain Solutions, LLC.

OPINION

WILLIAM C. KOCH, JR., J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., JANICE M. HOLDER, GARY R. WADE, and SHARON G. LEE, JJ., joined.

This appeal calls into question the proper procedure for obtaining judicial review of a local legislative body's land use decision under the "Jackson Law," Tenn.Code Ann. §§ 68-211-701 to -707 (2011). The opponents of a coal ash landfill, approved by the Cumberland County Commission...

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