KNOXVILLE, Tenn. — A state appeals court has affirmed a judge's ruling that essentially blocks a large planned development in southwest Knox County because it includes a wastewater treatment plant.
The unanimous, three-judge ruling of the Tennessee Court of Appeals was filed Tuesday.
Developers for Post Oak Bend LLC want to build hundreds of homes on a 415-acre tract of land on Tooles Bend Road off Northshore Drive. Some of the land fronts Fort Loudoun Lake, adding to its appeal.
They first approached planners with the idea in summer 2018.
Neighbors raised several concerns about the plan including the amount of traffic that would be generated in the area and the inclusion of a wastewater treatment plant that would be operated by First Utility District.
Neighbors, banding together in a group called the Northshore Corridor Association, argued a wastewater treatment plant wasn't part of what's allowed under the zoning.
County planners approved a use-on-review application. The residents appealed to the Board of Zoning Appeals.
In November 2018, the BZA ruled for developers. The NCA then sought a review by Knox County Circuit Court Judge Kristi Davis.
Davis in November 2019 reversed the BZA, finding a treatment plant plainly wasn't allowed under the land's current zoning.
While residents won at the trial court level, Post Oak Bend ultimately appealed to the appellate court. Knox County and the BZA joined in the appeal.
This week, the appeals court panel said Davis had been correct, allowing the reversal of the BZA decision to stand.
