Nashville, Tenn. – Today the Tennessee Supreme Court held that the chancery court did not have jurisdiction to hear a petition for review in an administrative case because administrative proceedings with the Board of Water Quality, Gas, and Oil were not complete.
Jamesway Construction, Inc. (Jamesway) and the Tennessee Department of Conservation (TDEC) had been in litigation for years regarding the alleged filling in of wetlands in Coffee County. The parties proceeded to a contested case hearing before an administrative judge, who found in favor of Jamesway. TDEC appealed the decision to the Board of Water Quality, Gas, and Oil. Jamesway filed a motion to dismiss, arguing that TDEC filed the appeal too late.
When a different administrative law judge did not dismiss the case, Jamesway filed a petition for review in Davidson County Chancery Court. The chancery court heard the petition and dismissed TDEC’s appeal before the Board as untimely. The Court of Appeals affirmed.
The Supreme Court reversed. It found that the chancery court did not have jurisdiction to hear the petition for review because Jamesway would have had an adequate remedy once the administrative proceedings were complete. The chancery court may only hear a petition for review of a “preliminary, procedural, or intermediate” agency decision if review of the final agency decision would not provide the petitioning party an “adequate remedy.” The Court discussed the meaning of “adequate remedy” and when parties have an adequate remedy available to them following administrative proceedings.
To read the unanimous opinion in Jamesway Construction, Inc. v. David W. Salyers, P.E., authored by Justice Dwight E. Tarwater, visit the Supreme Court opinions section of TNCourts.gov.
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