AG letter says Charlotte church building can be sold

Says deed restriction on prime site is unenforceable

Email | Print By Nate Rau

A letter from the Tennessee Attorney General says that a 117-year-old deed restriction on the Charlotte Avenue Church of Christ's property is unenforceable.

The letter states the AG’s office would not oppose the sale of the building by the church.

The church had sought to sell the property earlier this year to a developer, which intended to tear down the handsome building and build a Rite-Aid pharmacy in its place.

At the behest of some neighbors, District 25 Councilman Jason Holleman filed a bill applying SP (Specific Plan) zoning to the property, which would have thwarted the sale. It then became apparent that an Urban Design Overlay for the property prevented the planned use as a pharmacy.

That sent the church back to square one in attempting to sell the building. The congregation had merged with another and purchased a new piece of property. The church said it was paying about $10,000 monthly in interest on its new property.

The deed restriction from 1891, when the Nashville Land Improvement Co. gave the property away for church use, was then discovered. The restriction cast doubt as to whether the property could be used for anything besides a church.

The AG said the restriction was outdated and unenforceable in court.

The property remains up for sale.