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IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE
March 5, 2013 Session THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY v. MICHAEL MYERS ET AL.
Appeal from the Circuit Court for Davidson County No. 11C3955 Hamilton V. Gayden, Jr., Judge

No. M2012-00742-COA-R3-CV - Filed April 22, 2013

Defendants appeal from an order of the trial court enjoining them from operating a wrecker service in Davidson County without a license. The trial court found that the ordinances at issue applied to Defendants' wrecker services and that Defendants violated the provisions of the Metropolitan Code of Laws by their operation of a wrecker service without a license in Davidson County. The trial court also rejected Defendants' arguments that the ordinances were preempted by federal law and violated the equal protection guarantees of the United States and Tennessee Constitutions. The trial court then enjoined Defendants from operating a wrecker service in Davidson County. We affirm the trial court in all respects. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed F RANK G. C LEMENT, J R., J., delivered the opinion of the Court, in which A NDY D. B ENNETT and R ICHARD H. D INKINS, J.J., joined. Phillip L. Davidson, Nashville, Tennessee, for the appellants, Michael Myers and Diane Lewis d/b/a Champion Towing (a/k/a City Towing & Transport) and d/b/a All Around Towing. Kathryn S. Evans, Cynthia E. Gross, and Jason P. Bobo, Nashville, Tennessee, for the appellee, The Metropolitan Government of Nashville and Davidson County. OPINION Defendants, Michael Myers and Diane Lewis own and operate Champion Towing, which is located in LaVergne, Rutherford County, Tennessee. Myers and Lewis previously owned another wrecker service, City Towing & Transport, which was located in Nashville,

Tennessee, until the suspension of City Towing's wrecker license by the Metropolitan Government of Nashville and Davidson County ("Metro") in January 2006.1 In early 2008, Myers and Lewis doing business as Champion Towing (collectively "Defendants") were denied a license to operate a wrecker service in Davidson County. Despite this, Defendants made numerous tows in Davidson County from April 2010 through the hearing.2 Additionally, several tows were made using a truck registered to All Around Towing, which is also not licensed in Davidson County. On February 4, 2011, Metro filed a complaint against Defendants in the Environmental Court Division of the Davidson County General Sessions Court alleging that Defendants were in violation of the Metro Code by engaging in the business of providing a wrecker service without a license (Metro Code

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