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MADDEN v. METROPOLITAN BOARD OF FIRE

No. M2023-00113-COA-R3-CV.

ROBERT MADDEN ET AL., v. METROPOLITAN BOARD OF FIRE AND BUILDING CODE APPEALS OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE.

Court of Appeals of Tennessee, at Nashville.

April 11, 2024.

Attorney(s) appearing for the Case

Wallace W. Dietz , Christopher M. Lackey , and Breanne N. Hataway , Nashville, Tennessee, for the appellant, Metropolitan Board of Fire and Building Code Appeals of the Metropolitan Government of Nashville and Davidson County, Tennessee.

Dominic J. Leonardo , Nashville, Tennessee, for the appellees, Robert and Dannette Madden.

FRANK G. CLEMENT JR., P.J., M.S., delivered the opinion of the court, in which ANDY D. BENNETT and W. NEAL McBRAYER, JJ., joined.

OPINION

This case concerns the denial of a variance by the Board of Fire and Building Code Appeals of the Metropolitan Government of Nashville and Davidson County, Tennessee ("the Board"). Landowners applied for a building permit to construct an auto repair shop on undeveloped property. The local fire code required...

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