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IN THE CRIMINAL COURT FOR KNOX 

 

DIVISION STATE OF TENNESSEE, ex rel. tress.  
CHARME P. ALLEN  
DISTRICT ATTORNEY GENERAL,
Petitioner,

VS. 9 NO. 115242
THE VIBE NOTICE OF ENTRY REQUESTED
2630 NORTH BROADWAY

KNOXVILLE, TENNESSEE 37917,

KEVIN CHERRY

BUSINESS OWNER

THE VIBE

2630 NORTH BROADWAY
KNOXVILLE, TENNESSEE 37917,

AND

DRUMHELLER REAL ESTATE MANAGEMENT PARTNERSHIP
PROPERTY OWNERS
4920 LAURELWOOD ROAD
KNOXVILLE, TN 37918,
Respondents.

 

AGREED ORDER OF PERMANENT INJUNCTION

 

It appearing to this Court that the parties in the above-entitled action have reached
an agreement regarding this case, a PERMANENT INJUNCTION SHALL ENTER. The
parties agree that the averments Of the Veri?ed Petition are true and that The Vibe, 2630
North Broadway, Knoxville, Knox County, Tennessee, is a public nuisance pursuant to

the provisions Of Tenn. Code Ann. 29?3?101, et seq. A permanent injunction Shall enter

immediately barring Respondents The Vibe and Kevin Cherry from operating a business
at 2630 North Broadway, Knoxville, Knox County, Tennessee.

The Vibe, through its owner, Kevin Cherry, agrees to surrender all possessory
rights in the premises located at 2630 North Broadway, Knoxville, Knox County,
Tennessee. Respondents may remove all plywood and padlocks to allow access to the
property in order to remove items of personal property belonging to Kevin Cherry.
Under no circumstances shall the property be opened for business by Respondent Kevin
Cherry. Further, The Vibe and its owner, Kevin Cherry, agree to surrender The Vibe?s
beer permit (Permit Number P091515009) issued by the City of Knoxville Beer Board in
accordance with Knoxville City Code Section 4-71 within five (5) days of the effective
date of this Order.

In any event, the possessory rights in the property shall vest in the property
owners, Drumheller Real Estate Management Partnership. Respondent prOperty owner
and/or their agent(s), shall have the right to enter the property and lease said property to
any tenant except The Vibe or Kevin Cherry. Respondent Drumheller Real Estate
Management Partnership agrees to allow the Knoxville Police Department and/or the
Knox County District Attorney General?s Office to run criminal background checks, at
no cost, on all potential tenants before a lease agreement is signed.

Respondents shall not assert and hereby waive any claims against the Knoxville
Police Department, the State of Tennessee, the County of Knox, the City of Knoxville,
and the Knox County District Attorney General?s Of?ce and their agents resulting from

the issuance and service of the nuisance injunction.

Therefore, it is decreed that the agreement set forth hereinabove is hereby
adopted, rati?ed, and con?rmed as the ORDER of this Court.

Entered this the (I day of  i i 2019.

it? 

Judge'Bob R. McGee
Knox County Criminal Court
Division II

 

 

APPROVED:

Charme P. Allen
District Attorney General

By: Sean l\c/IcDermott
Assistant District Attorney General

Kevin D. Cherry
The Vibe

Thomas H. Dickenson
Attorney for Drumheller Real Estate Management Partnership