Shaw v. Metropolitan Government of Nashville
Annotate this Case
The Supreme Court vacated the judgments of the lower courts in this appeal addressing mootness when a law challenged in the trial court is altered or amended after the trial court issued its final judgment and while the appeal is pending, holding that remand was required in this case.
Plaintiffs filed a lawsuit against Metropolitan Government of Nashville and Davidson County (Metro) challenging an ordinance prohibiting them from having clients in their home-based businesses. The trial court granted summary judgment in favor of Metro. While Plaintiffs' appeal was pending, Metro repealed the ordinance at issue and enacted a new ordinance allowing limited client visits to home-based businesses. The court of appeals determined that Plaintiffs' case was moot. The Supreme Court vacated the judgments below and remanded the case to give the parties an opportunity to amend their pleadings to address any claims asserted under the new ordinance, holding that, based on the current record, it could not be determined whether Plaintiffs would suffer ongoing harm from the new ordinance, how the change could affect their claims, and whether they retained a residual claim under the new ordinance.
Court Description:
Authoring Judge: Justice Holly Kirby
Trial Court Judge: Chancellor Anne C. Martin
This appeal addresses mootness when a law challenged in the trial court is altered or amended after the trial court issued its final judgment and while the appeal is pending. The plaintiff homeowners operated businesses out of their homes. They filed a lawsuit against the defendant municipality challenging an ordinance that prohibited them from having clients visit their home-based businesses. The trial court granted summary judgment in favor of the defendant municipality, and the homeowners appealed. While the appeal was pending, the municipality repealed the ordinance that was the subject of the complaint and enacted a new ordinance that allowed limited client visits to home-based businesses. The Court of Appeals held that the repeal of the original ordinance rendered the homeowners’ case moot, and the homeowners were granted permission to appeal to this Court. While the appeal to this Court was pending, the ordinance was amended again. On appeal, based on the current record, we cannot determine whether the homeowners suffer ongoing harm from the new ordinance, how the change will affect their claims, and whether they retain some residual claim under the new ordinance. Consequently, we vacate the judgments of the lower courts and remand the case to the trial court for further proceedings in which the parties may amend their pleadings to address any claims the homeowners may assert under the new ordinance.
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