Park Place Nashville (2nd & Peabody), 36 story/433' and 32 story/375' residential towers; 18 story/234' hotel

[nashville born]

1 hour ago, nashwatcher said:

Is the fencing being up a sign this one is taking steps forward?

From what other posters have said, the fencing was up relative to the demo work on the site.  Don't think there's been any official start as I haven't seen the official end of the court action.  Demo was done as not to slow slow things if/when the final go ahead is given.

[Argo]

Any word on the result of the court case.

[smeagolsfree]

Actually yes, 

Downtownresident found it yesterday and the results from the appeals court were the same as the lower court ruling. They found in favor of the Mero and the developers. So more bad news for the folks at CL.

[nashwatcher]

10 minutes ago, smeagolsfree said:

Actually yes, 

Downtownresident found it yesterday and the results from the appeals court were the same as the lower court ruling. They found in favor of the Mero and the developers. So more bad news for the folks at CL.

Think it will begin in the next 6 months or think this is more of a long term wait?

[smeagolsfree]

At best the CL folks have delayed the projects to the point the interest rates may have further delayed the projects. Who knows now.

[Argo]

1 hour ago, smeagolsfree said:

At best the CL folks have delayed the projects to the point the interest rates may have further delayed the projects. Who knows now.

Um um um.

Yet another economic casualty of current times.

Edited November 1, 2023 by Argo

[markhollin]

The Tennessee Court of Appeals has upheld a recent ruling in favor of the two development companies that plan separate multi-tower projects in Rutledge Hill — with the three residents of the neighboring City Lights condominium building seeking to stop the developments now considering appealing to the state’s Supreme Court.

The judgment follows Davidson County Chancery Court Chancellor Russell Perkins having ruled earlier this year in favor of the developers — one of which is now eyeing a spring 2024 groundbreaking for its project following the court judgment. That ruling was related to specific plan rezoning previously approved by both the Metro Planning Commission and Metro Council and needed for the projects.

In its opinion handed down earlier this week, the Tennessee Court of Appeals ruled that though Perkins’ ruling, in part, erred in its application of the Tennessee Vested Property Rights Act (VPRA) of 2014, the plaintiffs failed to state a valid claim.

The plaintiffs — Steve Snyder, Andrew Decker and Gregory Breetz — sued both the developers and Metro in January, alleging that the Metro Planning Commission had improperly permitted specific plan rezoning. The three City Lights residents are concerned, among other considerations, that the two projects' collective six towers will be out of scale in relation to nearby buildings.

The appeals court panel included judges Jeffrey Usman, Andy Bennett and Kenny Armstrong.

“We agree with the plaintiffs that the VPRA does not prevent them from being able to bring this lawsuit,” the judges wrote. “However, we affirm the judgment of the chancery court dismissing the plaintiffs’ complaint because Metro has the authority to change zoning in a way that conflicts with the General Plan and because SP zoning allows for height modification. Accordingly, the complaint fails to state a claim upon which relief can be granted.”

The court ruled the plaintiffs must pay $10,000 in legal fees per case.

Snyder said he and the other two plaintiffs are "considering our options," including "petitioning the Tennessee Supreme Court for consideration of this matter.”

Because the plaintiffs lost their recent appeal, they would have to apply for permission to appeal to the state Supreme Court. The court typically replies within a month or so as to if it will hear a case, with only about 10 percent of cases heard.

Dean Stratouly, president and CEO of The Congress Group, emailed the Post the following:

"Once again, three plaintiffs from City Lights have had their frivolous lawsuit resoundingly defeated. Their efforts have nothing to do with underlying zoning or the purview of planning professionals or the intrinsic value of development; they simply hope by continually filing complaints and appeals without merit they can delay neighboring projects at great cost so that they may protect their own views" (which, Stratouly added, would be blocked if the company developed by right).

"It is an unfortunate and sad abuse of the system by three individuals who, despite being newcomers to the area, have tried to manipulate and control the future of Nashville’s urban core," he added. "The delay has cost us greatly, has cost jobs, opportunity and millions of tax dollars to the city.

"We are pleased that the courts once again ruled in our favor," Stratouly continued. "The good news is that this process has only strengthened our resolve to deliver on our spectacular vision for Park Place, a magnificently designed three-tower project with significant public green space. We have already demolished the existing buildings on the property and have been granted our mass grading permit as we work through final design. We look forward to starting work on Park Place in spring of next year."

More behind the Nashville Post paywall here:

https://www.nashvillepost.com/business/development/appeals-court-rules-in-favor-of-developers-in-rutledge-hill-dispute/article_ff7cd5f0-79a8-11ee-b9b5-7be6b726b586.html

[Argo]

2 hours ago, markhollin said:

 

"It is an unfortunate and sad abuse of the system by three individuals who, despite being newcomers to the area, have tried to manipulate and control the future of Nashville’s urban core," he added. 

 

"newcomers"?

Interesting.

Edited November 2, 2023 by Argo

[smeagolsfree]

Grading permit applied for:

375	SWGR T2023097311	- Stormwater Grading Permit	513 3RD AVE S	2ND & PEABODY					Pending
3

 

epermits.nashville.gov/#/permit/4425580?initial=1&searchType=permit&orderBy=fullAddress ASC,permitNumber ASC&searchText=&page=19&searchCode=ADDR

[nashwatcher]

2 hours ago, smeagolsfree said:

Grading permit applied for:

375	SWGR T2023097311	- Stormwater Grading Permit	513 3RD AVE S	2ND & PEABODY					Pending
3

 

epermits.nashville.gov/#/permit/4425580?initial=1&searchType=permit&orderBy=fullAddress ASC,permitNumber ASC&searchText=&page=19&searchCode=ADDR

Does this increase the likelihood of the project moving fwd in the next few months?

[smeagolsfree]

Well, the site is demoed and now this permit has been applied for. The group at CL has lost yet another lawsuit. So, I would say the chances are better now than they have been. I do think the chances that the group of CL folks take it to the supreme court are likely because they do not know when they are beaten and are probably relying on the crappy advice of the crazy lawyer they have. Either that or he is advising them not to go on and they are the crazy ones and will not take no for an answer.

My guess is they try and appeal and the supreme court refuses to hear the appeal.

[nashville born]

Congress Group, please keep your resolve.  Absolutely oved the first proposal and quite pleased with the second.

[markhollin]

A spring 2024 start is being eyed according to this behind the paywall at the Nashville Post:

https://www.nashvillepost.com/business/development/real-estate-notes-three-tower-project-effort-advances/article_237bc744-984a-11ee-b54e-63a4a8e8783f.html

[FluffyP13]

I could see the Ritz landing here 

[nashville born]

16 hours ago, FluffyP13 said:

I could see the Ritz landing here 

Selfishly, I'm hoping it doesn't.  Hoping to see something a bit more grand and awe inspiring for that brand than an 18 story building between two residence towers.

[bnacincy]

5 minutes ago, nashville born said:

Selfishly, I'm hoping it doesn't.  Hoping to see something a bit more grand and awe inspiring for that brand than an 18 story building between two residence towers.

Personally I'd like to see the old Sheraton Capitol Hill torn down and the Ritz built in that location-as long as there is below grade parking.

That would get rid of the world's ugliest parking garage and help fill a hole in the skyline.

[Luvemtall]

43 minutes ago, nashville born said:

Selfishly, I'm hoping it doesn't.  Hoping to see something a bit more grand and awe inspiring for that brand than an 18 story building between two residence towers.

Unless they revert back to the original plan!! 
unfortunately, don’t think that would happen, but having the hotel in the 18 stories and the two residential towers all branded as Ritz-Carlton would not surprise me.

[chc3]

19 hours ago, bnacincy said:

Personally I'd like to see the old Sheraton Capitol Hill torn down and the Ritz built in that location-as long as there is below grade parking.

That would get rid of the world's ugliest parking garage and help fill a hole in the skyline.

I used to feel that way, but I’ve come to appreciate the Sheraton as emblematic of its age. Now the garage is a different matter!

[nashville born]

1 hour ago, chc3 said:

I used to feel that way, but I’ve come to appreciate the Sheraton as emblematic of its age. Now the garage is a different matter!

Yeah, call me nostalgic, but I want that relic...that reminder of a past era...to stay!!!

[smeagolsfree]

Taylor (downtownresident) emailed me yesterday and said the CL Folks were applying for an appeal to the state supreme court. I had spoken to WW this morning and he already knew about this as well. Only about 10% of cases make to the appeals process and the reason most cases make it to the appeals process is if the lower court have made a mistake.

I do not think this is the case. The reason they are appealing is that they do not like the outcome of the lower court's ruling which is no reason to an appeal. This there is a 90% chance this will be turned down and probably a greater percentage since there is no wrongdoing or mistakes on the lower courts part. I think we can expect an answer within a couple of months, and they might as well start writing the checks which I understand is not going to be an issue.

I think they are probably doing it against the lawyer's advice, but that is just me speculating as the CL people are probably doing it on principle. The lawyers get their money regardless and laughing all the way to the bank as this is easy money for them.

[PillowTalk4]

Some song writer needs to write a folks song about the CL residents and their obsession with lawsuits.

[nashville born]

When might we know if the Supreme Court will entertain this group's appeal?

[downtownresident]

On 2/14/2024 at 10:09 AM, nashville born said:

When might we know if the Supreme Court will entertain this group's appeal?

IANAL, but it appears that the Supreme Court has denied the application to appeal today based off of the public record for case number M2023-00498-SC-R11-CV.

[BnaBreaker]

10 minutes ago, downtownresident said:

IANAL, but it appears that the Supreme Court has denied the application to appeal today based off of the public record for case number M2023-00498-SC-R11-CV.

Phenomenal news, if true.  Enough is enough already.  I'm sure we all believe in a fair justice system, but at a certain point it just becomes an abuse of the system to continue mindlessly appealing out of spite and eventually the court is just going to have to put it's foot down.

[smeagolsfree]

Not sure but this may be it for the appeals for them.