The Middle Tennessee Court of Appeals has sent a lawsuit concerning Hendersonville’s short-term rental (STR) ordinance back to the circuit court, while also lifting an injunction against the property owner involved.
In their opinion released on February 17, 2026, the appeals court highlighted “significant factual uncertainty” regarding how the properties in question were rented and used. This remand allows both parties to clarify the specifics of the rentals and their timelines.
Previously, in October 2024, Sumner County Circuit Court Judge Joe Thompson had issued a permanent injunction against J and J Ventures, owned by former state legislator Jeremy Durham and his wife. The company was found to have continued operating short-term rentals on Indian Lake Road and Breakwater North, allegedly violating Hendersonville’s ordinance.
“We appreciate the Court of Appeals’ thorough review of the ordinance and its application. This case has always been about clarity and fairness.
When property rights are restricted, the law must be clear. We look forward to resolving the remaining factual issues and proceeding in a manner that respects both the neighborhood and the rule of law,” Durham expressed in an email to the Hendersonville Standard.
Durham argued in his appeal that the city’s ordinance was vague and unenforceable. The appellate court noted deficiencies in Durham’s filing, which resulted in the waiver of some claims, and stated that “the trial court erred in its interpretation of the ordinance.”
Hendersonville Mayor Jamie Clary has previously mentioned that the city’s ordinance permits short-term rentals in specific zones. City officials had not provided comments at the time of the report.
The timeline for the case to be heard again in Sumner County Circuit Court remains undetermined.