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IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE
August 5, 2004 Session CUSTOM LAND DEVELOPMENT, INC. v. TOWN OF COOPERTOWN and COOPERTOWN BOARD OF ZONING APPEALS
An Appeal from the Chancery Court for Robertson County No. 17206 Ross H. Hicks, Judge

No. M2003-02107-COA-R3-CV - Filed December 22, 2004

This is a zoning case. The appellant landowner owns a tract of land that it sought to resume using as a sanitary landfill. The appellees are the newly-incorporated town in which the landfill is located and the town's zoning board. In 1996, the landowner and the county in which the town and landfill are located resolved a dispute in which the landfill was deemed a legally permitted nonconforming use under the county zoning ordinance. In 2002, the landowner sought a building permit from the town planning commission. The town planning commission refused to grant the permit until the landowner obtained a determination from the town zoning board that the landfill was a legally permitted non-conforming use under the town's newly-enacted zoning ordinances. The town zoning board determined that the landfill was not a legally permitted nonconforming use under the town zoning ordinances because the landowner had discontinued its nonconforming use of the landfill for longer than one year. Consequently, no permit was issued. The landowner unsuccessfully appealed the ruling to the town zoning appeals board. The landowner then appealed the decision of the zoning appeals board to the trial court. The trial court affirmed the ruling of the zoning appeals board. We affirm, finding that the use of the property as a landfill had been discontinued for more than one year and thus the landfill did not fall within the nonconforming use exception to the town's zoning ordinance. Rule 3 Appeal; Judgment of the Chancery Court is affirmed HOLLY M. KIRBY , J., delivered the opinion of the Court, in which W. FRANK CRAWFORD , P.J., W.S. and ALAN E. HIGHERS, J., joined. James L. Murphy and Austin L. McMullen, Nashville, for the appellant Custom Land Development, Inc. George A. Dean, Nashville, for appellees Town of Coopertown and Coopertown Board of Zoning Appeals.

OPINION Plaintiff/Appellant Custom Land Development, Inc. ("Custom") owns a tract of land located in Robertson County known as the Highlands Landfill ("Highlands"). Custom acquired the property in 1985 and later leased it to Browning-Ferris Industries, Inc. ("BFI") to develop and operate a landfill. BFI accepted waste at the landfill on September 6, 1988. On that same day, Robertson County filed suit to enjoin the operation, claiming that the landfill violated the Robertson County zoning ordinances. A legal battle relating to validity of the county zoning ordinance ensued, resulting in an appeal to this Court. On appeal, this Court remanded Custom's claim to the Robertson County Circuit Court. Robertson County, Tennessee v. Browning-Ferris Indust. of Tennessee, Inc., 799 S.W.2d 662 (Tenn. Ct. App. 1990). During this time, BFI terminated the Highlands lease. Custom then reacquired the applicable permits and proceeded with development of the property as a landfill. After remand of the case, Robertson County and Custom entered into a settlement agreement that dissolved the injunction against Highlands. The agreement stipulated that the Highlands landfill was a legally permitted nonconforming use1 of the property under the Robertson County zoning
1

A legally permitting nonconforming use is protected under T.C.A.

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Tennessee Law