The Fight: Defending a Nashville Homeowner
Metro Nashville refuses to back down, but neither do we. With Collins Legal in her corner, Kallie Dreher has already defeated the city’s claims twice. Despite these losses, Metro continues its pursuit.
The conflict intensified on March 19th during a hearing before Judge Allegra Walker. Metro attempted to prove that Ms. Dreher did not reside at her property and was operating a non-owner occupied Short Term Rental Property (STRP) without a permit. After reviewing the evidence, Judge Walker ruled that Metro failed to meet its burden of proof. Consequently, the Judge found that Ms. Dreher did not violate Metro Code Section 17.16.070.U.1.a and dismissed all allegations.
The Escalation: Metro Refuses the Verdict
Metro did not accept this defeat. Just thirteen days later, on April 1, 2019, the city filed a Notice of Appeal to overturn Judge Walker’s decision in Circuit Court.
Metro pushed even further on July 30, 2019, by filing a Motion to Amend Civil Warrant alongside an Amended Complaint. Collins Legal responded immediately on August 20, 2019. We urged the Court to deny Metro’s motion, limit the standard of review, or dismiss the case entirely, arguing that the appeal violated both the United States and Tennessee Constitutions.
The Turning Point: Double Jeopardy and Jurisdiction
On September 20, 2019, the Eighth Circuit Court heard the arguments. Judge Jones denied Metro’s Motion to Amend, emphasizing that the court had already adjudicated the case and that Metro’s request exceeded legislative intent.
The legal battle reached a critical milestone on March 27, 2020. Judge Jones entered an Order that set aside previous rulings and dismissed Metro’s appeal. Crucially, the Court held that the Eighth Circuit lacked jurisdiction to hear the appeal. The Court determined that because the action was quasi-criminal and the fine was punitive, “jeopardy” had attached in General Sessions Court the moment Judge Walker ruled in Ms. Dreher’s favor.
The Current Stand: Fighting to the Finish
Unwilling to concede, Metro appealed once more. On April 24, 2020, they challenged the dismissal in the Court of Appeals.
Collins Legal stands firm. We fight for our clients—no matter how many times Metro tries to rewrite the rules.
