Metrpolitan Government of Nashville & Davidson County v. Kallie Kay Dreher

This case began in the environmental court division of the general sessions court for Davidson County. The Metropolitan Government of Nashville and Davidson County (“Metro”) alleged that the defendant had violated a section of the Metro Code by operating a short term rental property with the wrong type of permit. The matter was originally heard by a referee, who found that the defendant violated the Metro Code as alleged, fined the defendant fifty dollars, and declared that the property was ineligible for a short term rental permit for three years. The defendant timely requested a rehearing before the general sessions court judge. Upon rehearing, the judge ruled in favor of the defendant and dismissed the case. Metro then sought a de novo appeal before the circuit court. The circuit court concluded that the appeal must be dismissed because the general sessions court had dismissed the charge after a trial on the merits, and therefore, a trial de novo would violate principles of double jeopardy. Metro appeals. We affirm and remand for further proceedings.