The Save Cheekwood petition has topped the 55,000-signature mark.
Specifically, the petition drive — started by Cheekwood Estate and Gardens officials to counter opposition from Neighbors for Safety BMH (NFS Belle Meade Highlands) — stands at nearly 56,000 signatures as of this publication.
NFS is suing Metro, seeking a work stoppage on an under-construction Cheekwood parking structure. Cheekwood officials contend that if NFS is successful, the nonprofit cultural attraction could face dire consequences.
“We are profoundly grateful for the overwhelming support our community has shown for Cheekwood, and for all those who have also shared their personal experiences and love for this historic site and all it offers," Jane MacLeod, Cheekwood president and CEO, tells Scene sister publication the Nashville Post.
Neighbors for Safety BMH alleges city is not property enforcing zoning requirements at site, seeks construction stoppage
Meanwhile, the Metro government is asking for a court dismissal of the lawsuit. NSF filed the suit in Davidson County Chancery Court, contending Metro is improperly allowing Cheekwood officials to work on the parking facility.
According to a court document dated Aug. 14, Metro’s motion to dismiss notes that NFS’ claims against the city are “based upon lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted.”
Via the Metro Legal Department, Metro argues the NFS complaint “attempts to collaterally attack a decades-old final order of the Board of Zoning Appeals” and that the plaintiffs have also “failed to exhaust administrative remedies regarding both the issuance of the parking-garage permit and any challenge to Cheekwood’s present operations." A Sept. 18 hearing is scheduled for the court to consider the motion to dismiss request.
The citizen group argues that Cheekwood, because of the construction, is violating the special exception conditional use the Metro Board of Zoning Appeals granted in 1996. The group also alleges Cheekwood is violating the residential zoning in place on the construction site. The plaintiffs are seeking a stop-work order prohibiting further construction until Cheekwood “demonstrates that it's in compliance with zoning and permits.” The plaintiffs seek proof of compliance with zoning and permitting or a stoppage of any of the nonprofit’s operations “outside of zoning and permitting.”
Chanelle Acheson, a partner with Nashville-based Waddey Acheson, is representing NFS.
“We respect Metro and its lawyers and we understand their decision to raise every procedural defense available to them,” Acheson tells the Post.
“That said, the motion does not address the substantive questions at the heart of this case and what obligations Metro has to enforce its zoning, access, and noise requirements. Instead, Metro is asking the court to dismiss the case on procedural grounds without reaching those questions. We remain confident in the case and look forward to having those questions resolved through the appropriate process and on a full record.”
Cheekwood officials (who are not named in the lawsuit) previously said a work stoppage could yield great difficulties for the nonprofit, thus compromising its efforts to remain effectively operational. At the least, the neighborhood’s efforts could result in a de facto closing of the West Davidson County museum and botanical garden, the officials added.
“If this group succeeds, Cheekwood as we know it will be forced to close its gates,” Cheekwood officials note.
Previous versions of this article were published by our sister publication the Nashville Post here and here.
