Metro’s Attack on a STRP owner
With Collins Legal’s help, Kallie has beat Nashville twice, but Metro wants more.
On March 19th, Judge Allegra Walker presided over the hearing where Metro had an opportunity to present their case against Ms. Dreher. Upon the conclusion of the evidence, Judge Walker considered the merits of the trial and (1) ruled that “the city [had] not put on adequate proof to prove that [Ms. Dreher] doesn’t live there. . .”; (2) found that Metro failed to prove Ms. Dreher violated “Metro Code Section 17.16.070.U.1.a by operating a non-owner occupied STRP without a non-owner occupied permit at the Property”; and (3) entered an Order that dismissed the allegations against the Ms. Dreher.
On April 1, 2019, some thirteen (13) days after the March 19th Order was entered by Judge Walker, Metro filed a Notice of Appeal thereby requesting to “appeal to Circuit Court the General Sessions’ decision rendered on the Original Claim.”
On July 30, 2019, Metro filed a Motion to Amend Civil Warrant with the Filing of an Amended Complaint (the “Motion to Amend”).
On August 20, 2019, the Collins Legal filed a response to Metro’s Motion to Amend and asked the Court to deny Metro’s Motion to Amend and to limit the standard of review; or, in the alternative, for an Order of Dismissal due to a de novo appeal being in violation of United States and Tennessee state constitutions.
On September 20, 2019, a hearing on Metro’s Motion to Amend was held before the Eighth Circuit Court where, after hearing arguments and reviewing the evidence presented, Judge Jones denied Metro’s Motion to Amend and held that “this particular case with the facts and the hearings that have already been – the adjudication has already taken place. . . – that’s not what the legislature meant when [Rule 15.01] was passed.”
On March 27, 2020, Judge Jones entered an Order setting aside the January 21st Order limiting the standard of review; dismissed Metro’s appeal; and, held “the Eighth Circuit Court lacks jurisdiction to hear an appeal from General Sessions Court at any standard other than a trial de novo.” The Eight Circuit Court made a determination that (1) the above-referenced action is quasi-criminal in nature; (2) the fine required by the Metropolitan Code of Law is punitive in nature; and (3), jeopardy attached in the General Sessions Court upon the entry of judgment in favor of Dreher by Judge Allegra Walker.
On April 24, 2020, Metro filed an appeal to the Court of Appeals to challenge Judge Jones’ dismissal of the appeal.
You can read our response to Metro’s challenge by clicking the link below.
