CLARKSVILLE, TN (CLARKSVILLE NOW) – More than a year after the owners of the Joseph Dunlop House filed a lawsuit against the City of Clarksville for the right to demolish the building at 517 Madison St., a federal judge has dismissed the case in its entirety.

The lawsuit by Gracey General Partnership (GGP) was filed in Nashville on Nov. 13. The complaint listed the City of Clarksville as the defendant, as well as Mayor Joe Pitts, then-interim Head of the Department of Building and Codes David Smith and Building and Codes Director Deidre Ward.

Demolition permit denied

The lawsuit came months after the Clarksville-Montgomery County Historic Zoning Commission and Common Design Review Board unanimously voted on July 24, 2023, against allowing demolition of the home.

The applicant at the time, George Terrell, had requested demolition permission on behalf of the agent, Jennifer Willoughby. Willoughby planned to build a multi-use development, which most recently included an apartment building with a parking garage and some retail space, according to previous reports.

NEWS TIPS: Do you have a local news tip? Email news@clarksvillenow.com or call us at 931-648-7720.

On Aug. 29, after the request was denied, GGP, which Willoughby serves as the managing partner for, went ahead and bought Dunlop Mansion from Terrell for $1.5 million. GGP then applied for a demolition permit from City Building and Codes. Ward told Willoughby the city could not issue a demolition permit because it would require review by the Regional Planning Commission and Common Design Review Board, according to the lawsuit.

Parties’ main dispute

GGP argues that the zoning rule “exempts single-family structures from the Downtown District’s requirements, and its demolition permit application is therefore exempt from the … requirement for review by either the Common Design Review Board or the RPC.”

The City of Clarksville argued that the single-family structure exemption applies to a different section of the rules, not to demolition.

DON’T MISS A LOCAL STORY: Sign up for the free daily Clarksville Now email newsletter

The plaintiff alleged a conspiracy between historical preservation activists and city officials to delay and deny its demolition permit application.

The defendants, however, describe a plaintiff who was dissatisfied with a decision by a city board when the property had a different owner, tried to bypass the demolition permit application process on a second attempt, and then tried to “cry foul” when that did not yield the desired result, according to the suit.

GGP sought an injunction compelling the defendants to issue demolition and electrical disconnection permits, as well as compensatory and punitive damages, costs and fees. Instead, the judge dismissed the lawsuit, throwing it out entirely.

Weighing legal options, alternative plans

Clarksville Now reached out to Willoughby, who said GGP remains committed to the responsible redevelopment of its property, and are they exploring alternative plans for the site.

She also said that, while GGP was disappointed in the federal court’s decision to dismiss, they are encouraged that the court declined to dismiss the state law claims. “This decision preserves our ability to seek appropriate remedies in state court, if necessary,” Willoughby said.

“As we carefully weigh our legal options moving forward, Gracey General Partnership is also taking proactive steps to explore alternative plans for the property. We are actively working to submit new proposals to the City of Clarksville, and we hope to collaborate with city officials to achieve a mutually beneficial outcome that contributes to the vitality of the downtown area.

“Our goal has always been to ensure the best use of this property in a manner that serves the community, respects local regulations and aligns with our vision for downtown Clarksville’s growth. We remain hopeful that our revised plans will receive thoughtful consideration and approval.”

LATEST NEWS: Check out the most recent news articles