Museum Violates Requirements Necessary to Get a Building Permit - Challenged in Court

To get a building permit to construct a museum at 55 S. Front (between Front and Riverside Dr. and Union and Monroe Avenues), Brooks was required to submit a deed to the property and an affidavit of ownership.

Instead Brooks submitted

• a deed to a different piece of property, located one mile north of the building site

  &

• an unsigned, undated, unnotarized affidavit of ownership.

After construction began on the project, Friends for Our Riverfront (Friends) found the error and notified the City, but no action was taken to correct or bring the application into compliance. Friends was time barred from administratively challenging that building permit.

A 2nd building permit was required and approved late this past February. The same inaccurate deed and incomplete affidavit were filed by the museum, the deficiencies intentionally or erroneously overlooked or ignored. Friends filed an appeal to the Board of Adjustment (BOA) challenging the issuance of the building permit.

Under the Memphis and Shelby County Building Code and Uniform Development Code, the Board of Adjustment (BOA) is authorized to hear challenges concerning permit violations, and the Building Official is to suspend or revoke any building permit that is inaccurate or incomplete. "Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid." 105.4 Memphis and Shelby County Building Code.

At their March meeting, the BOA voted unanimously to hear our concerns about the permit at their April meeting. However, at the urging of their staff, who are employees of the Memphis and Shelby County Division of Planning and Development and themselves participants in the permitting process, the Board reversed its position.

Friends filed a Petition of Certiorari on July 25, requesting that the Chancery Court review the BOA decision.

The petition asked that

• transcripts of and materials presented at the March and April BOA meetings be submitted to the Court for review

• and that the Court, following a review, issue an Order

  • revoking any building permits pertaining to the subject property

  • or suspending any construction unless or until

    • an accurate source deed

    • and an accurate, completed, and executed Owner's Affidavit is presented.

  
  

  Click below to download and read the petition (CH-25-1097-3).

Petition for Certiorari.

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