State Ex Rel. Browning-Ferris Industries of Tennessee, Inc. v. Board of Commissioners

(Western Section).

Plaintiff, Browning-Ferris Industries of Tennessee, Inc., (“BFI”) has appealed from a judgment of the Circuit Court of Knox County. The trial court denied plaintiff’s request for issuance of a writ of mandamus 1 directing defendants, Knox County Board of Commissioners (“Board” or “Commissioners”) to affirm the action of the Metropolitan Planning Commission (“MPC”) which approved, with conditions, as a use permitted on review, BFI’s application for a permit to operate a sanitary landfill in Knox County. BFI presents five issues on appeal for our consideration: (1) whether or…