Nashville- A Metro board was right to deny a permit to investors who wanted to build an adult entertainment establishment across the street from the Nashville Rescue Mission, the Tennessee Court of Appeals ruled this week.

The Metro Board of Zoning Appeals decided in 2004 to revoke a building permit to the operators of Stephanie’s Cabaret after Zoning Administrator Lon F. “Sonny” West had issued the permit. The zoning board concluded that the rescue mission meets the definition of a church, and adult entertainment establishments can’t be located within 500 feet of a church.

Davidson County Chancellor Richard H. Dinkins disagreed in 2007 and ordered the board to reissue the permit. But the court of appeals vacated Dinkins’ order in a ruling issued Wednesday.

“In this case, we find adequate material evidence to support the (board’s) conclusion that the Mission is a church,” Judge Alan E. Highers wrote for the unanimous three-judge panel.

“The applicable definition of ‘church’ was ‘a building set apart for public esp. Christian worship.’ The record before the (board) included photographs of the pulpit and large chapel inside the Mission, which seats over 400 people. Chapel services are held at the Mission 365 days a year.”