JEFFREY S. BIVINS, J., delivered the opinion of the Court, in which >SHARON G. LEE, C.J., and CORNELIA A. CLARK, GARY R. WADE, and HOLLY KIRBY, JJ., joined.
We granted permission to appeal in this case to determine whether The Metropolitan Government of Nashville and Davidson County, Tennessee ("Metro") has standing to file a petition for a writ of certiorari against The Board of Zoning Appeals of Nashville and Davidson County, Tennessee ("BZA") in chancery court in order to challenge a BZA decision. We hold that Metro does have standing in this case. Accordingly, we affirm the decision of the Court of Appeals, and this matter is remanded to the chancery court for further proceedings consistent with this Opinion.
In March 2012, CBS Outdoor, Inc. ("CBS") applied to the Davidson County Metropolitan Department of Codes and Building Safety for two permits, one to replace a static display billboard with a digital display billboard, and the second to add a digital display to an existing static display billboard. The Zoning Administrator denied the permits. CBS appealed the Zoning Administrator's decision to the BZA. On a four to two vote, the BZA overturned the Zoning Administrator's decision and granted the permits.
On June 25, 2012, Metro timely filed a petition for writ of certiorari in the chancery court of Davidson County seeking the court's review of the BZA's order ("the Petition"). As respondents, Metro named the BZA, CBS, Felix Z. Wilson II Revocable Living Trust ("Wilson Trust"), and Equitable Trust Company ("Equitable Trust"). The latter two parties own the real property which is leased to CBS and upon which CBS seeks to erect or add the digital billboards.
CBS and Wilson Trust filed a motion to dismiss the Petition pursuant to Tennessee Rule of Civil Procedure 12.02(6) on the basis that Metro "does not have standing to bring suit seeking to review the final order of [Metro's] own Board." After a hearing, the chancery court granted the motion to dismiss. The chancery court reasoned as follows:
The chancery court also determined that Metro had failed to allege the specific injury necessary to confer standing on a litigant.
A respondent to a petition for writ of certiorari may file a motion to dismiss pursuant to Tennessee Rule of Civil Procedure 12.02(6) based upon the petitioner's lack of standing. See Knierim v. Leatherwood, 542 S.W.2d 806, 808 (Tenn.1976). "A Rule 12.02(6) motion challenges only the legal sufficiency of the [petition], not the strength of the plaintiff's proof or evidence." Webb v. Nashville Area Habitat for Humanity, Inc., 346 S.W.3d 422, 426 (Tenn.2011). Accordingly, for the purposes of this proceeding, the Permittees have admitted "the truth of all of the relevant and material allegations contained in the [petition]." Leach v. Taylor, 124 S.W.3d 87, 90 (Tenn.2004).
A trial court should not dismiss a petition pursuant to Rule 12.02(6) unless it appears that the plaintiff cannot prove the facts necessary to support its claim and warrant relief. Doe v. Sundquist, 2 S.W.3d 919, 922 (Tenn.1999). On appeal, a trial court's decision to dismiss a petition for failure to state a claim creates a question of law which we review de novo with no presumption of correctness. Id.
Because of the procedural posture of this matter, we deem it helpful to recite, in pertinent part, certain of Metro's allegations set forth in the Petition:
We now turn to our analysis of whether Metro has established its standing to pursue the Petition.
As this Court previously has recognized:
State v. Harrison, 270 S.W.3d 21, 27-28 (Tenn.2008) (some citations shortened); see also West v. Schofield, 468 S.W.3d 482, 489-90 (Tenn.2015) (recognizing that Tennessee's doctrine of justiciability, including the concept of standing, mirrors the federal courts' and limits judicial decisions to legal controversies involving real and existing disputes that are not theoretical or abstract and are between parties with real and adverse interests).
Significantly, we do not consider the likelihood of the plaintiff's success on the merits of its petition in determining whether the plaintiff has standing. Wood, 196 S.W.3d at 158. However, we must carefully examine a petition's allegations "to ascertain whether the particular plaintiff is entitled to an adjudication of the particular claims asserted." Id. (quoting Allen v. Wright, 468 U.S. 737, 752, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984)).
In this case, Metro is seeking relief pursuant to Tennessee Code Annotated section 27-9-101. Accordingly, we focus our standing inquiry "on considerations of judicial restraint, such as whether a complaint raises generalized questions more properly addressed by another branch of the government, and questions of statutory interpretation, such as whether a statute designates who may bring a
Metro filed the Petition pursuant to Tennessee Code Annotated section 27-9-101, which provides as follows:
Tenn.Code Ann. § 27-9-101 (2000) (emphases added) ("Section 101").
The role of this Court in statutory interpretation is to assign a statute the full effect of the legislative intent without restricting or expanding the intended scope of the statute. See Lee Med., Inc. v. Beecher, 312 S.W.3d 515, 526 (Tenn.2010); Larsen-Ball v. Ball, 301 S.W.3d 228, 232 (Tenn.2010). In doing so, we first must look to the text of the statute and give the words of the statute "their natural and ordinary meaning in the context in which they appear and in light of the statute's general purpose." Mills v. Fulmarque, Inc., 360 S.W.3d 362, 368 (Tenn.2012). Therefore, when the language of a statute is clear and unambiguous, we need look no further than the plain and ordinary meaning of the statutory language. See id. That is, "we presume that every word in the statute has meaning and purpose and should be given full effect if the obvious intent of the General Assembly is not violated by so doing." Larsen-Ball, 301 S.W.3d at 232.
The Permittees argue that Metro cannot seek judicial review of the BZA's decision under Section 101 because our legislature declined to adopt the following provision included in the Standard State Zoning Enabling Act:
U.S. Dep't of Commerce, A Standard State Zoning Enabling Act Under Which Municipalities May Adopt Zoning Regulations § 7(3) (rev. ed.1926) (emphasis added) ("the Omitted Provision"). The Permittees assert that our legislature's failure to enact the Omitted Provision demonstrates
We disagree. Section 101 refers to "anyone," and we conclude that Metro, a public corporation, falls within the scope of the term "anyone."
Our holding comports with our Court of Appeals' recognition that the scope of those who may seek judicial review of the BZA's decision should be the same as the scope of those who may seek the BZA's review of the Zoning Administrator's decision. See City of Brentwood, 149 S.W.3d at 57.
Id.Tennessee Code Annotated section 13-7-206(b) permits appeals to the BZA "by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any grant or refusal of a building permit ...." Tenn.Code Ann. § 13-7206(b) (2011) (emphasis added); see also id. § 13-7-108 (2011) (extending same authority to counties). Thus, section -206(b) contains the very language found in the Omitted Provision upon which the Permittees rest their statutory construction argument. In order to avoid the "anomalous situation" foreseen by our Court of Appeals, it behooves us to construe the term "anyone" in Section 101 as equivalent in scope to those persons described in section 13-7-206(b), which the Permittees, by negative inference, recognize as broad enough to include Metro.
Having concluded that Metro may qualify as "[a]nyone who may be aggrieved," we turn to the issue of whether Metro actually may be aggrieved by the BZA's decision in this case. As set forth above, litigants seeking judicial relief from a BZA decision pursuant to Section 101 must be "aggrieved" by the BZA's ruling. The Permittees contend that Metro is not "aggrieved" by the BZA's decision in this matter.
The Permittees argue that Metro cannot be aggrieved by its own BZA because "[t]he BZA is the one and only voice of Metropolitan Nashville on land use matters" and because the BZA "is the only entity allowed by the Metro Charter, Metro Code and the law as prescribed by the General Assembly to decide the correct interpretation of the law on land use matters." Preliminarily, we note that this assertion is incorrect as it omits any reference to the courts. Furthermore, Tennessee's courts, on occasion, have overturned BZA decisions. See, e.g., Demonbreun v. Metro. Bd. of Zoning Appeals, No. M2009-00557-COA-R3-CV, 2011 WL 2416722, at *17 (Tenn.Ct.App. June 10, 2011) (affirming trial court's reversal of BZA decision because "the BZA decision ... constitutes arbitrary action"); Hoover, Inc. v. Metro. Bd. of Zoning Appeals, 924 S.W.2d 900, 906 (Tenn.Ct.App. 1996) (describing behavior of individual BZA board members as illegal, arbitrary, or fraudulent); Gregory v. Metro. Bd. of Zoning Appeals of the Metro. Gov't of Nashville & Davidson Cnty., No. 01-A-1-9009-CH00331, 1991 WL 17174, at *5 (Tenn.Ct.App. Feb. 15, 1991) ("The decision of the Board [of Zoning Appeals] was ... arbitrary, capricious, and subject to judicial reversal."); see also, e.g., 411 P'ship v. Knox Cnty., 372 S.W.3d 582, 590-91 (Tenn.Ct.App.2011) (reversing board of zoning appeals' decision on basis that it was "arbitrary and invalid, and not supported by substantial material evidence"). At times, the BZA renders legally incorrect decisions. Section 101 provides for access to the courts to correct such errors.
Thus, we arrive at the crux of the issue before us: Can Metro be aggrieved by an erroneous decision made by one of its own boards? We hold that it is possible for Metro to be "aggrieved" by a decision of the BZA. As recognized by our Court of Appeals, Section 101 "[e]xtend[s] the authority ... to seek judicial review [of boards of zoning appeals decisions] to all persons who are `aggrieved' [and] reflects an intention to ease the strict application of the customary standing principles." City of Brentwood, 149 S.W.3d at 57 (citing Akins, 524 U.S. at 19, 118 S.Ct. 1777). And, "[w]hen applied to local governments, aggrievement encompasses interference with a local government's ability to fulfill its statutory obligations, or substantial, direct, and adverse effects on the local government in its corporate capacity." Id. at 58 (citation omitted); see also Wood, 196 S.W.3d at 158 (recognizing that, to be aggrieved for the purposes of Section 101, "a party must be able to show a special interest in the agency's final decision or that it is subject to a special injury not common to the public generally"); Op. Tenn. Att'y Gen. No. 10-108, 2010 WL 176, at *1 (Oct. 28, 2010) (opining that a county legislative body may challenge in court a board of zoning appeals' decision if the county legislative body can demonstrate
Metro has alleged in the Petition that the BZA's decision will interfere with its duty to enforce certain of its ordinances. It is appropriate to note here that the underlying dispute in this matter is whether the grandfather clause, Tenn.Code Ann. § 13-7-208 (2011), exempts the Permittees' billboards from having to meet zoned distance requirements if they are converted from static display to digital display. Clearly, Metro disagrees with the BZA's position that the existing distance requirements for digital display billboards do not apply when those displays are erected to replace, or are added to, existing static billboards that are protected by the grandfather clause. More succinctly, Metro is alleging that the BZA's decision to grant the permits is contrary to law and will result in billboards that violate certain of Metro's ordinances. The only way that Metro can seek relief from the issuance of building permits that will result in structures allegedly in violation of Metro's own ordinances is through recourse to the court system.
Many of our sister states have recognized that a municipal government may have standing as an aggrieved party to sue its own board of zoning appeals or equivalent. For instance, the Virginia Supreme Court has held that Fairfax County had standing to sue its Board of Zoning Appeals after the Board granted a zoning variance to a landowner. See Bd. of Supervisors of Fairfax Cnty. v. Bd. of Zoning Appeals, 268 Va. 441, 604 S.E.2d 7, 9 (2004). In that case, the relevant statute permitted judicial review of the Board of Zoning Appeals' decision by "[a]ny person or persons jointly or severally aggrieved" by the decision. Id. at 8 (quoting Va.Code Ann. § 15.2-2314). The Board of Zoning Appeals did not contest that the Board of Supervisors was "a person within the meaning of this statute," but contended that the Board of Supervisors was not "aggrieved." Id. The Virginia Supreme Court disagreed, reasoning:
Id. at 9 (and recognizing that "[t]his holding is consistent with the majority rule adopted by our sister states"); see also, e.g., Ex parte City of Huntsville, 684 So.2d 123, 126-27 (Ala.1996) (concluding that a governing body has standing as a "party aggrieved" to challenge the decision of its zoning board because, "[w]ithout standing to challenge the arbitrary granting of variances, the municipality is unable to prevent the improper application of its ordinances"); City of Burley v. McCaslin Lumber Co., 107 Idaho 906, 693 P.2d 1108, 1110 (Idaho Ct.App.1984) (holding that, "[a]lthough Idaho Code [section] 67-5215 does not specifically authorize a municipality's right to appeal a decision of its own Zoning Appeals Board, a municipality or town may be deemed to be an `aggrieved person' within the meaning of that section. Clearly the city, being interested in the maintenance and development of the city and the property contained therein, has an interest in the real property which may be adversely affected by the wrongful issuance of a variance by the Zoning Appeals Board.") (citations omitted); Reichard v. Zoning Bd. of Appeals, 8 Ill.App.3d 374, 290 N.E.2d 349, 353 (1972) (holding that municipality had standing to seek judicial review of its zoning board of appeals' decision and concluding, in dictum, that municipality was "aggrieved"); Crosby v. Town of Belgrade, 562 A.2d 1228, 1231 (Me.1989) (recognizing that, "[i]n authorizing those parties representing the Town to appeal to the Superior Court when aggrieved by a decision of the [zoning] board of appeals, the law of Maine accords with the practice prevailing in other states"); City of Reno v. Harris, 111 Nev. 672, 895 P.2d 663, 666 (1995) (recognizing that "[m]ost courts considering the issue have held a municipality may be an aggrieved person within the meaning of statutes authorizing such a person to institute proceedings to review a decision of a board of adjustment" and holding that a municipality has standing to seek judicial review of a zoning board decision because "a municipality has a vested interest in requiring compliance with its land use decisions"); Commco, Inc. v. Amelkin, 62 N.Y.2d 260, 476 N.Y.S.2d 775, 465 N.E.2d 314, 318 (1984) (recognizing town's authority as "any other `person ... aggrieved'" to seek judicial review of zoning board of appeals' decision); Lower Paxton Township v. Fieseler Neon Signs, 37 Pa.Cmwlth. 506, 391 A.2d 720, 723 (1978) (holding that township was a "party aggrieved" by zoning hearing board's decision and could therefore appeal board's decision to court); City of East Providence v. Shell Oil Co., 110 R.I. 138,290 A.2d 915, 918 (1972) (holding that a municipality may have standing to challenge its zoning board's decision because an "`aggrievement' in the public sense occurs whenever there is a threat to the very real and legitimate interest which the general public has in the preservation and maintenance of the integrity of the zoning laws").
We hold that, in this proceeding, Metro has established that it is "aggrieved" by its allegation that, if the BZA ruling is allowed to stand, it will be unable to enforce certain of its ordinances. That allegation is within Section 101's zone of interests. Accordingly, Metro has established its standing to bring this action under Section 101.
In holding that Metro has standing to pursue this action, we are persuaded particularly by the concern voiced by the Illinois Court of Appeals that "[a] rule that would preclude the municipality from seeking judicial review would, in effect, grant to zoning boards unbridled power not reviewable in any court except in situations where private citizens suffer injury different from that suffered by the general public." Reichard, 290 N.E.2d at 353. In the case of erroneous BZA decisions, it would leave the enforcement of Metro's zoning ordinances to those persons with resources sufficient to mount a challenge in court. The enforcement of a governmental body's zoning code should not depend upon the economic status of individuals. Cf. City of Huntsville, 684 So.2d at 126 (recognizing that "the improper granting of variances [by a board of zoning adjustment] will not necessarily be challenged by many aggrieved parties because they might not
In sum, we hold that Metro has demonstrated that it has the necessary standing to survive the Permittees' motion to dismiss.
In our Order granting permission to appeal in this case, we requested the parties to address "what authorization is required for the filing of a petition for writ of certiorari on behalf of the Metropolitan Government appealing a decision by the Metropolitan Board of Zoning Appeals; and, whether such authorization was given for the filing of the petition for writ of certiorari in this case." The Permittees contend that Metro's Charter did not authorize it to file the Petition and that the Metro Council did not authorize filing of the Petition by resolution. Metro agrees that the Metro Council passed no resolutions regarding the Petition but contends that Metro's Charter authorized its Department of Law to file the Petition.
Although we requested the litigants to address this issue in this appeal, our review of the record reveals that this issue was not raised before the trial court. Accordingly, neither proof nor argument was presented to the trial court regarding Metro's authority to file the Petition. Because the record is insufficient for this Court to resolve this issue, we decline to address it.
The chancery court erred in granting the Permittees' motion to dismiss on the basis that Metro lacked standing, and the Court of Appeals was correct in overruling the chancery court. Accordingly, we affirm the Court of Appeals' judgment and remand this matter to the chancery court for further proceedings consistent with this Opinion.
The Permittees also complain in their reply brief that Metro failed to provide the BZA with legal representation in the chancery court proceeding. Although it is unclear how the Permittees may be entitled to relief on the basis of another party's lack of legal representation, we do note that Metro asserted in its response to the motion to dismiss that the BZA "ha[d] not requested an attorney" in the chancery court. However, no actual proof appears in the record on this point. Therefore, upon remand, the BZA should be provided an opportunity to seek independent legal counsel.