Moore & Associates, Inc. v. Metropolitan Board of Zoning Appeals

Zoning administrator denied a waiver of the Metropolitan Zoning Code’s landscape buffer requirement and the Board of Zoning Appeals upheld the administrator’s interpretation of the ordinance. Plaintiff contractor appealed to the circuit court, which determined that the zoning administrator’s interpretation of the ordinance was incorrect and granted the waiver. The Board of Zoning Appeals appealed. The trial court’s interpretation of the ordinance is affirmed, but the decision to grant the waiver is vacated, and the case is remanded to the trial court with instructions to return the matter to the board for further action.