BRISTOL, Tenn. — A judge issued an order Wednesday permanently blocking the relocation of a lingerie and sex products store to the outside of Sunnybrook neighborhood in Bristol, Tennessee.
A 2017 lawsuit was filed by Ritchie and Roma Phillips, who live in the subdivision off the Volunteer Parkway, against businessman Mark Hatfield, who wanted to relocate his Intimate Treasures store from Pennsylvania Avenue to 1926 Volunteer Parkway.
The couple and some other residents of the neighborhood opposed the relocation as well as a decision 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 to the B-3 business-zoned site without a special-use permit. Separate lawsuits were filed against Hatfield and Hatfield and the city.
The order issued Wednesday by Sullivan County Chancery Court Judge E. G. Moody states that J.C. Chambers, who developed Sunnybrook Acres, Sunnybrook Heights and Sunnybrook Addition in the 1950s, placed protective covenants on the properties in 1955 that indefinitely restricted them to residential use. Building the store or any commercial facility there would violate the protective covenants, he said.
Moody’s orders states that the temporary injunction that previously stopped construction of the store is permanent.
The order also states that Hatfield must pay all court costs.
Ricky A. W. Curtis, the Phillips’ attorney, said his clients are pleased by the outcome of the lawsuit and are glad their neighborhood will remain residential.
Hatfield could not be reached for comment.
Danielle Kiser, city attorney for Bristol, Tennessee, said she was not aware of the order and because of this declined comment on how it might affect the separate lawsuit filed against both the city and Hatfield.