County versus City - Who Has Zoning Authority?
07.22.10 9:22 AMThere is an interesting development in Franklin concerning a proposed school on Clovercroft Road in east Franklin. The County has purchased the school property, apparently without any conditions, but there is opposition to the siting of the school from neighbors. From all accounts, there are genuine concerns over roadways and utilities for the site, which is at the eastern edge of Franklin city limits. Although sewer is available to the school, Wilson Pike, which is the main roadway in the vicinity, is famous for the "one-way" railroad underpass within a mile of Clovercroft Road. Presumably, traffic from the south would come to the school through this roadway.
The interesting aspect is the extent to which the County, in making its school selection, is bound by the City of Franklin's zoning ordinance. The County has to date pledged to go through that process, but it is not clear that the required rezoning, from Residential to Civic/Institutional, will be approved by the City's Board of Mayor and Aldermen.
Tennessee law is pretty well-settled on this issue, although one could argue some unresolved matters. The Supreme Court has previously held that the State was not subject to county zoning regulations despite the fact that the State had sought approval of county zoning authorities. The Court also held that a private act creating local zoning authority did not waive governmental immunity of the State or its instrumentalities unless the intention to do so was clearly expressed in the act. The general principle of governmental exemption from ordinances, as expounded in other cases, applies not only to the State government, but all instrumentalities of the State, including counties and cities. In other cases, a city was not entitled to impose taxation to a county property.
Of course, just as important to the County is the timing of the school's opening, which is desired for fall of 2011. A lawsuit brought by the City that had the effect of delaying the school could be a powerful weapon simply because of the delay involved.
This is not the first time that the City of Franklin has suffered public outcry due to the location of a civic instituion, including churches. The City and County are commendably cooperating on this issue, but if Franklin officials ultimately reject the siting of the school, you can expect some serious legal challenges to ensue.
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