The Middle Tennessee Court of Appeals has reversed a ruling by Sumner County Circuit Judge Joe Thompson and remanded a lawsuit over Hendersonville’s short-term rental (STR) ordinance back to his circuit court, while vacating an injunction against the property owner, Jeremy Durham.
In the opinion, the Court noted “significant factual uncertainty as to the actual rental and usage of these properties” and that “remand presents the parties with an opportunity to establish in what ways the properties were actually rented and used and when these rentals or uses occurred.”
Sumner County Circuit Court Judge Joe Thompson had granted a permanent injunction against J and J Ventures, owned by former state legislator Jeremy Durham and his wife, in October 2024, finding that the company had continued operating short-term rentals on Indian Lake Road and Breakwater North in violation of Hendersonville’s ordinance.
“We appreciate the Court of Appeals taking a careful look at the ordinance and applying it as written. This case has always been about clarity and fairness. When property rights are restricted, the law has to be clear. We look forward to addressing the remaining factual issues and moving forward in a way that respects both the neighborhood and the rule of law,” Durham said in response to the Appeals Court ruling.
Durham had claimed in his appeal that the language of the city’s ordinance was vague and unenforceable.
The appellate court’s opinion noted that although Durham’s filing contained “deficiencies” that meant the waiver of some of his claims, “the trial court erred in its interpretation of the ordinance.”
Hendersonville Mayor Jamie Clary has previously said the city’s ordinance does allow short-term rentals in certain zones.
Whether or not the City he will proceed forward with their lawsuit, and if so when it will be heard again in Sumner County Circuit Court, is not clear.
Steve Gill is Editor and Publisher of TriStar Daily.
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Steve Gill is the Publisher of TriStar Daily and President of Gill Strategies, LLC, a Nashville, TN based public affairs, media and consulting company. Gill Strategies counsels U.S. and global companies, individuals and organizations on development and implementation of marketing, media and grassroots-oriented communications strategies.
