MJM REAL ESTATE INVESTMENTS, LLC v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, ET AL. - Articles

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Posted by: Landry Butler on Mar 29, 2018

Court: TN Court of Appeals

Attorneys 1:

Kirk L. Clements, Nashville, Tennessee, for the appellant, MJM Real Estate Investments, LLC.

Attorneys 2:

Jon Cooper, Director of Law; Lora Barkenbus Fox, and Catherine J. Pham, Nashville, Tennessee, for the appellees, Metropolitan Government of Nashville and Davidson County, Tennessee and the Metropolitan Historic Zoning Commission.

Judge(s): CLEMENT

This appeal arises from a statutory writ of certiorari. The petitioner filed an application with the Metropolitan Historic Zoning Commission (“the Commission”) to obtain a permit to renovate a 1935 industrial building in the Broadway Historic Preservation District in downtown Nashville. The Commission partially approved the application but required modifications before a permit would be issued. In pertinent part, the Commission denied the request to install vertically operable windows (similar to “roll up” garage doors) because they were not consistent with the style of the original 1935 windows. The Commission also required the construction of a parapet wall around the fifth story rooftop deck, rather than a railing proposed by the petitioner, to hide the building’s rooftop additions because the additions were not compliant with the design guidelines for the district. Following an evidentiary hearing, the chancery court affirmed the Commission’s decision. We affirm the chancery court.