Ex Parte Richard E. Chesnut and Betty B. Chesnut. (in Re Richard E. Chesnut and Betty B. Chesnut v. Board of Zoning…

Summary

The court held that the Chesnuts’ administrative appeal challenging the building permits was barred by res judicata because the related civil action had already produced a final judgment involving substantially identical parties and the same zoning-ordinance dispute. On the merits of the civil action, the court held that the City’s zoning-enforcement coordinator unreasonably treated the lot as developed and that the ordinance required application of the front-yard setback exception. The court therefore affirmed the judgment concerning the administrative appeal, reversed the judgment concerning the civil action, and remanded. Justice Murdock concurred specially, while Justices Bryan and Shaw concurred in part and dissented in part, concluding that the agency’s interpretation was reasonable.