DEJA VU NASHVILLE TRIAL

Concerning the inverse condemnation and taking claims, Metro asserted that both claims were barred by the applicable one-year statute of limitations. On January 22, 2018, Metro filed a Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss the amended complaint.

DEJA VU NASHVILLE TRIAL

On December 27, 2017, the trial court entered an order dismissing Brasfield & Gorrie from the lawsuit. After filing its amended complaint, Déjà Vu filed a notice of voluntary dismissal as to Brasfield & Gorrie. At oral argument before this Court, counsel for Déjà Vu conceded that the trial court correctly dismissed the nuisance claim against Metro.1 Counsel for Déjà Vu clarified that it was proceeding only on its appeal of the dismissal of the inverse condemnation and taking claims. The amended complaint added Metro and asserted claims for nuisance, inverse condemnation, and a federal taking claim. The trial court granted the motion by order of December 1, 2017, and Déjà Vu filed its amended complaint on or about December 13, 2017. Therein, Déjà Vu alleged, inter alia, that its business had been disrupted by the street closures since “at least June 1, 2015.” On October 6, 2016, Brasfield & Gorrie filed its answer, wherein it denied liability and further denied “that any street closures occurred without permission of Davidson County Metro government.” More than one year later, on October 18, 2017, Déjà Vu moved to amend its complaint to add Metro as a party-defendant. On August 31, 2016, Déjà Vu filed its initial complaint for private nuisance and money damages against Brasfield & Gorrie.

In connection with the Brasfield & Gorrie project, Appellee Metropolitan Government of Nashville & Davidson County (“Metro”) issued permits allowing Brasfield & Gorrie to close the public street and sidewalk adjacent to Déjà Vu’s business. In 2015, Brasfield & Gorrie, LLC, a private construction company, began a construction project near Déjà Vu’s business. d/b/a Déjà vu (“Déjà Vu”) leases property located at 1214 Demonbreun Street in Nashville. Background Appellant Déjà Vu of Nashville, Inc. Brooks Fox, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville & Davidson Co. Bearman, Memphis, Tennessee, for the appellant, Déjà Vu of Nashville, Inc. 3 Appeal as of Right Judgment of the Circuit Court Affirmed and Remanded KENNY ARMSTRONG, J., delivered the opinion of the court, in which FRANK G.

The trial court found that Appellant was on notice of Appellee’s involvement in the road closures based on the construction company’s answer and granted the motion to dismiss.

Appellee moved for dismissal under Tennessee Rule of Civil Procedure 12.02(6) motion, arguing that the one-year statute of limitations barred Appellant’s claims. More than a year after the construction company filed its answer, Appellant filed an amended complaint against Appellee, averring nuisance, inverse condemnation, and federal taking. The company answered the complaint denying that any street closures occurred without the permission of Appellee Metropolitan Government of Nashville. M2018-00610-COA-R3-CV _ After street closures allegedly affected its business, Appellant filed suit against the construction company. Appeal from the Circuit Court for Davidson County No. IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE JanuSession DEJA VU OF NASHVILLE, INC.

Deja vu nashville