BRISTOL, Tenn. — A neighboring property owner is suing Sullivan County and local restaurant owner Anthony Vella over a rezoning decision that cleared the way for a fishing lodge near the South Holston River.
The lawsuit, filed by SOHO Chelsea TN LLC, whose managing member is Gary Davies, is seeking to overturn the Jan. 9 rezoning approval. It names Anthony Vella and Cootie Brown’s Inc. as separate defendants.
The complaint alleges that the rezoning constitutes unlawful “spot zoning†that unfairly benefits Vella at the expense of nearby residential property owners.
The rezoning changed three adjoining parcels owned by Vella, totaling about 3.54 acres, from agricultural, A-1, to Rural Retreat Cabin, RRC, a zoning category that was created in 2022 to allow small commercial lodges.
The parcels are located in a predominantly residential area where all surrounding properties had been zoned for single-family use under the A-1 designation.
Disputes over setbacks, spot zoning
According to the complaint, Vella, who also owns Cootie Brown’s Inc., initially obtained building permits for what he described as a “single-family residence†in 2021. The lawsuit states that court documents suggest the building was designed from the beginning with commercial intent.
Architectural drawings submitted in 2021 show six bedrooms on the main floor, each with its own bathroom but no closets. The plans also included a commercial kitchen, a bar with stools and a nearby “poker area.†A separate apartment with a kitchen and living area was also drawn into the basement, along with six covered parking spaces beneath the main structure, according to the lawsuit.
On Jan. 9, Vella told the Sullivan County Commission he was seeking to turn his residence into a commercial fishing lodge that he could rent out to groups. Under its previous A-1 zoning, Vella’s property could already be rented as a short-term rental or Airbnb. However, the rezoning allows him to hire staff and obtain a liquor license.
During the Jan. 9 commission meeting, several residents who live on Sand Bar Road expressed disagreement with the rezoning change. Some said that traffic was already too heavy in the area and a commercial fishing lodge would worsen it. Other residents mentioned that it could increase trespassing, which is already common in the area.
Vella’s attorney, Collin Wyvill, said at the meeting the RRC zoning was created in October 2022 to “carve out cabins from the AR zoning because cabins have a different impact on neighbors compared to RV parks and campgrounds.â€
Between 2010 and 2022, he said six nearby AR properties along the river have been rezoned, all intended for cabin rentals. The most recent rezoning, in June 2022, notes that if RRC zoning were available, it would have been recommended for the property, showing consistency with the new zoning category.
Wyvill said that nearby properties currently classified as AR should be considered RRC since their intent aligns with the new category, reducing concerns about spot zoning.
The commission narrowly passed the rezoning request with 13 yes votes, the minimum required for approval, while six commissioners voted no and five were absent.
The lawsuit also states that Vella unlawfully built a pavilion on the property without obtaining proper permits and that both the pavilion and parking areas violate multiple zoning requirements, including front and side setback rules.
In addition, the complaint states that paved parking spaces extend into the 30-foot front setback required under the RRC zoning code and even encroach into the 50-foot right-of-way for Sand Bar Road. The paved parking area, with 21 spaces total, including under the lodge, violates zoning rules that prohibit parking within the front setback, according to the complaint.
The lawsuit is seeking the county commission to invalidate and overturn the zoning decision.
Attached to the complaint, SOHO Chelsea’s attorney, William S. Nunnally, said the plaintiff is not seeking a drawn-out legal battle but is open to finding a “mutually agreeable resolution†that protects the surrounding neighborhood while allowing Vella to pursue his business goals, if done in compliance with zoning laws.
Both parties were required to respond to the lawsuit within 30 days of being served.
Wyvill said he has submitted a response and filed a motion to dismiss the claims against Cootie Brown’s Inc., arguing that the company should not be named separately from Vella.
Sullivan County Attorney Dan Street said the county filed its response about a week ago from Monday. He added that the case is still in its early stages and that no significant developments are expected in the near future.
The plaintiffs attorney could not be reached for comment as of Tuesday.
