NASHVILLE, Tenn. (WTVF) — A neighborhood group has expanded its legal fight over Cheekwood Estate & Gardens, adding new claims, seeking damages and demanding a jury trial in a dispute that has already stretched for months.
Neighbors for Safety BMH Inc. and several Belle Meade Highlands homeowners filed an amended complaint Sept. 14 in Davidson County Chancery Court. The filing replaces the lawsuit originally brought against Metro Nashville in June and now names Cheekwood itself as a defendant.
The 50-page complaint seeks compensatory damages for homeowners who say Cheekwood's operations have interfered with the use and enjoyment of their properties. It also asks for punitive damages if plaintiffs can prove Cheekwood acted intentionally, fraudulently, maliciously or recklessly. The plaintiffs are demanding a jury trial on issues eligible to be decided by one.
At the center of the dispute are longstanding disagreements over Cheekwood's zoning, neighborhood traffic, access to the property and amplified sound.
The plaintiffs argue Cheekwood's operations have expanded beyond what is allowed under the property's R20 residential zoning and a 1996 approval for a "Nonassembly, Cultural" use. The complaint points to restaurants, concerts, festivals, weddings and other events as activities the neighbors contend exceed those approvals.
They also argue Cheekwood's expanded use should be required to have access from a collector street or larger roadway rather than relying heavily on surrounding residential streets. The complaint cites a Metro traffic study that found some nearby streets carrying roughly two-and-a-half to three times recommended traffic volumes.
The amended lawsuit asks the court to impose several restrictions, including barring uses found to be prohibited under R20 zoning, requiring compliance with access rules and limiting amplified sound audible from nearby residential properties. It also seeks restrictions on the construction or operation of Cheekwood's parking pavilion if necessary to prevent alleged traffic, noise, lighting, vibration or blasting impacts.
The new filing comes after the Metro Board of Zoning Appeals last month upheld the zoning administrator's decision to issue a permit for the parking pavilion. The amended lawsuit says it is not appealing that BZA decision; any challenge to the permit itself would be handled separately.
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