Appeal Filed -
Our courts may move slowly, but they also move surely. This lawsuit will shine a light on the fast-moving world of building permits, civic development without transparency, and public-private partnerships.
On September 23, 2026, we filed our case with the Tennessee Court of Appeals. For those interested in the nuts and bolts, it's a great read. For the highlights, which help explain WHY we're doing this, we suggest pages 11, 20, and 49. Sample excerpts below.
P. 11 At various points in the project, Brooks submitted permit and other documentation necessary for the project to proceed that falsely represented that either Brooks Museum or Memphis was the "owner" of the Property. [R. Vol. 2 at 162, 203-13, 227-30, 232, 256, 258]. Notably, however, Brooks declined to make those representations under oath, leaving the affidavit of ownership normally required for construction projects of this nature blank. [R. Vol. 2 at 238].
p. 20 Construction is "almost completed" not because of Petitioners' purported delay in bringing suit or failure to post a TRO bond, but because the Trial Court waited nine months to decide Petitioners' request for a temporary injunction and then erroneously denied the injunction solely because Petitioners had not posted the bond for the separate TRO.
Tennessee law expressly permits Petitioners to pursue these remedies, and they are not mooted by the near completion of the museum.
P. 49 CONCLUSION
For all of these reasons, this Court should reverse the Trial Court's Order dismissing this case as moot, revese the Trial Court's Order dismissing Counts II through VII against the City of Memphis, remand this case for further proceedings on the merits, and hold that (1) the City of Memphis only holds an easement to use the Property as a "Public Promenade," (2) the term "Public Promenade" means a park-like green space open for walking and recreation, and (3) Petitioners' purported delay in filing suit and nonpayment of a TRO bond does not justify denying Petitioners relief and dismissing their claims.
