BRISTOL, Tenn. — The owner of Intimate Treasures has filed an appeal seeking to overturn a judge’s order that permanently blocked the relocation of the store to the Volunteer Parkway at the entrance of Sunnybrook neighborhood in Bristol, Tennessee.
On Wednesday, Mark Hatfield, who owns the lingerie and sex products store, filed a notice of appeal asking the Tennessee Court of Appeals Eastern Division in Knoxville to reverse the April 3 ruling by Sullivan County Chancery Court Judge E.G. Moody. Also included in the appeal are a temporary injunction that halted construction in May 2017 and all adverse judgments and rulings against him in the suit.
The suit was filed by Ritchie and Roma Phillips, who live in the subdivision. The couple and some other residents of the neighborhood oppose the relocation as well as a decision by the city, which was upheld by the city’s Board of Zoning Appeals, that allowed the relocation to move forward. The board decided that the store was not adult-oriented and could move into the current B-3 business-zoned site without a special-use permit. Separate lawsuits were filed against Hatfield and Hatfield and the city.
Moody’s most recent ruling permanently blocked construction of the store or any commercial facility in the development. The order states that the developer of Sunnybrook placed protective covenants on the properties in 1955 that indefinitely restricted them to residential use.
Edward Brading, the lawyer representing Hatfield, declined comment on the appeal.
Ricky Curtis, who represents the Phillips, said an appeal was always likely, but they are confident the previous decision by Moody will be upheld.
“My clients, as well as the residents of Sunnybrook, are equally determined to enforce the protective covenants that control the use of the neighborhood,” Curtis said. “An appeal does not constitute a new trial, and no new evidence is received. Instead, it is a review of the chancellor’s decisions of law. We are confident the chancellor applied the law correctly.”