Cheekwood parking project faces $35 million legal challenge

Neighbors for Safety BMH filed a writ of certiorari in Davidson County Circuit Court on Oct. 26. The group is asking a judge to overturn a recent Metro Board of Zoning Appeals ruling. They also want the building permit for the Cheekwood Estate & Gardens Parking Pavilion and Welcome Plaza revoked.

The legal battle centers on a $35 million construction project. The project includes a parking garage, a ticket office, and a pavilion. The nonprofit organization Cheekwood is currently building these structures. Neighbors argue the city illegally approved permits for the development.

In late August, the Board of Zoning Appeals voted 5-0 in favor of Cheekwood. Neighbors for Safety had asked the board to issue a stop-work order. They contended Cheekwood should have appeared before the board for approval before starting construction.

Metro Zoning Administrator Joey Hargis supported Cheekwood during the August meeting. Hargis stated the parking garage did not require board approval. He explained the structure is not an expansion of Cheekwood’s main use as a cultural center. He also said it is not an accessory use.

A letter from Hargis to board members on Sept. 17 noted a lack of historical records. Hargis wrote that he could not find documents or orders showing previous restrictions on Cheekwood. This letter was reported by the Nashville Business Journal.

Chanelle Acheson represents Neighbors for Safety. She is the founding partner at the Nashville firm Waddey Acheson. Acheson described the August board decision as limited in scope. She also said the decision was based on inaccurate information.

Metro Law Director Tyler Yarbro said the city is reviewing the writ of certiorari. Yarbro is determining how the city will respond to the court filing. Holland & Knight is representing Cheekwood in the case.