The Board of Commissioners voted to appeal the Chancery Court’s ruling that the adoption of the City Manager Commission Charter invalided the Town’s impact fee ordinance. The next step is to file a notice of appeal with the Court of Appeals. Once that is done the Chancery Court has 60 days to send a record of the proceedings to date to the Court of Appeals. Once the Court of Appeals has that information the Town will have thirty days to file its brief which will contain the grounds supporting the Town’s position. Once the Town’s brief is filed the Home Builders will have thirty days to respond. After the Home Builders file a response, the Town will have fourteen days to file a reply.
After the Town’s reply is filed, the Court of Appeals will set the case for oral argument in Nashville, which typically occurs between one to three months following the completion of the briefing. Following oral argument, the Court of Appeals will issue a written decision, which generally takes between three and nine months. Following that decision either side will have sixty days to file an application for permission to appeal to Tennessee’s Supreme Court.