Latest news with #TennesseeCourtofAppeals
Yahoo
03-06-2025
- General
- Yahoo
Tennessee court upholds law from Republican legislators to cut blue Nashville's council in half
NASHVILLE, Tenn. (AP) — A Tennessee appeals court on Tuesday upheld the constitutionality of a law passed by the state's Republican-controlled legislature to punish the Democratic-leaning city of Nashville by slashing the size of its council. The 2023 law aims to cut Nashville's consolidated city-county governing council in half, from 40 members to 20. Although it was written to apply broadly statewide to both city and consolidated city-county governments, Nashville is the only Tennessee city meeting that definition with a council of more than 20 members. The law was one of several targeting Nashville after the council's rejection of efforts to host the 2024 Republican National Convention in Music City. The Tennessee Court of Appeals 2-1 ruling on Tuesday overturns an earlier split decision by a panel of judges at the trial court level that ruled in favor of the city. The law has been on hold pending appeals. Nashville attorneys argued that the law is unconstitutional because a provision of the Tennessee Constitution that limits local legislative bodies to 25 members explicitly exempts municipalities organized under a consolidated city-county government. The city also argued the law violates another section of the Tennessee Constitution known as the Home Rule Amendment that prevents the General Assembly from making laws that apply to a single county or municipality. In ruling against the city, the majority wrote that nothing in the Constitution explicitly prevents the General Assembly from 'imposing its own limit on the voting membership of a metropolitan council.' Given the fact that the judges must start from the assumption that state statutes are constitutional 'we cannot condone interpreting the Tennessee Constitution's silence such that the legislature's power is curtailed in this manner." In his dissent, Judge Kenny Armstrong argued his colleagues are misinterpreting the word 'exempt." 'While the Article contains no language to enjoin the General Assembly from limiting Metro's legislative body to any number over 25, the Article clearly precludes the General Assembly from limiting Metro's membership to any number less than 25,' he wrote. Armstrong did not address the Home Rule Amendment. The majority there found that even though Nashville is the only city that the law actually effects, it was written as a law of general application. Nashville has been mostly successful in challenging some of the other state laws taking aim at the city, although many of the cases are still in appeals. In one, a judicial panel ruled the state cannot enforce a law making it easier to pass changes through the metro council to the local fairgrounds speedway, which is being considered for upgrades in hopes of drawing a NASCAR race. A court panel likewise ruled it was unconstitutional for Tennessee lawmakers to pass a state takeover of Nashville International Airport's board. Judges also temporarily blocked a law that would reconfigure the group overseeing professional sports facilities in Nashville by letting state leaders pick six of its 13 board members. Republcan House Majority Leader William Lamberth issued a statement on Tuesday praising the court's ruling on the size of Nashville's council. 'I applaud the court's decision today affirming the constitutionality of the Small Government Efficiency Act. This action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable and responsive to their constituents," he wrote. Nashville Vice Mayor Angie E. Henderson said in a statement that the decision fails to respect the will of Nashville voters, who created a 'highly representative, local legislative branch.' Henderson said they will discuss next steps with the city's attorneys.
Hamilton Spectator
03-06-2025
- Business
- Hamilton Spectator
Tennessee court upholds law from Republican legislators to cut blue Nashville's council in half
NASHVILLE, Tenn. (AP) — A Tennessee appeals court on Tuesday upheld the constitutionality of a law passed by the state's Republican-controlled legislature to punish the Democratic-leaning city of Nashville by slashing the size of its council. The 2023 law aims to cut Nashville's consolidated city-county governing council in half, from 40 members to 20. Although it was written to apply broadly statewide to both city and consolidated city-county governments, Nashville is the only Tennessee city meeting that definition with a council of more than 20 members. The law was one of several targeting Nashville after the council's rejection of efforts to host the 2024 Republican National Convention in Music City . The Tennessee Court of Appeals 2-1 ruling on Tuesday overturns an earlier split decision by a panel of judges at the trial court level that ruled in favor of the city. The law has been on hold pending appeals. Nashville attorneys argued that the law is unconstitutional because a provision of the Tennessee Constitution that limits local legislative bodies to 25 members explicitly exempts municipalities organized under a consolidated city-county government. The city also argued the law violates another section of the Tennessee Constitution known as the Home Rule Amendment that prevents the General Assembly from making laws that apply to a single county or municipality. In ruling against the city, the majority wrote that nothing in the Constitution explicitly prevents the General Assembly from 'imposing its own limit on the voting membership of a metropolitan council.' Given the fact that the judges must start from the assumption that state statutes are constitutional 'we cannot condone interpreting the Tennessee Constitution's silence such that the legislature's power is curtailed in this manner.' In his dissent, Judge Kenny Armstrong argued his colleagues are misinterpreting the word 'exempt.' 'While the Article contains no language to enjoin the General Assembly from limiting Metro's legislative body to any number over 25, the Article clearly precludes the General Assembly from limiting Metro's membership to any number less than 25,' he wrote. Armstrong did not address the Home Rule Amendment. The majority there found that even though Nashville is the only city that the law actually effects, it was written as a law of general application. Nashville has been mostly successful in challenging some of the other state laws taking aim at the city, although many of the cases are still in appeals. In one, a judicial panel ruled the state cannot enforce a law making it easier to pass changes through the metro council to the local fairgrounds speedway, which is being considered for upgrades in hopes of drawing a NASCAR race. A court panel likewise ruled it was unconstitutional for Tennessee lawmakers to pass a state takeover of Nashville International Airport's board. Judges also temporarily blocked a law that would reconfigure the group overseeing professional sports facilities in Nashville by letting state leaders pick six of its 13 board members. Republcan House Majority Leader William Lamberth issued a statement on Tuesday praising the court's ruling on the size of Nashville's council. 'I applaud the court's decision today affirming the constitutionality of the Small Government Efficiency Act. This action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable and responsive to their constituents,' he wrote. Nashville Vice Mayor Angie E. Henderson said in a statement that the decision fails to respect the will of Nashville voters, who created a 'highly representative, local legislative branch.' Henderson said they will discuss next steps with the city's attorneys. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Winnipeg Free Press
03-06-2025
- Business
- Winnipeg Free Press
Tennessee court upholds law from Republican legislators to cut blue Nashville's council in half
NASHVILLE, Tenn. (AP) — A Tennessee appeals court on Tuesday upheld the constitutionality of a law passed by the state's Republican-controlled legislature to punish the Democratic-leaning city of Nashville by slashing the size of its council. The 2023 law aims to cut Nashville's consolidated city-county governing council in half, from 40 members to 20. Although it was written to apply broadly statewide to both city and consolidated city-county governments, Nashville is the only Tennessee city meeting that definition with a council of more than 20 members. The law was one of several targeting Nashville after the council's rejection of efforts to host the 2024 Republican National Convention in Music City. The Tennessee Court of Appeals 2-1 ruling on Tuesday overturns an earlier split decision by a panel of judges at the trial court level that ruled in favor of the city. The law has been on hold pending appeals. Nashville attorneys argued that the law is unconstitutional because a provision of the Tennessee Constitution that limits local legislative bodies to 25 members explicitly exempts municipalities organized under a consolidated city-county government. The city also argued the law violates another section of the Tennessee Constitution known as the Home Rule Amendment that prevents the General Assembly from making laws that apply to a single county or municipality. In ruling against the city, the majority wrote that nothing in the Constitution explicitly prevents the General Assembly from 'imposing its own limit on the voting membership of a metropolitan council.' Given the fact that the judges must start from the assumption that state statutes are constitutional 'we cannot condone interpreting the Tennessee Constitution's silence such that the legislature's power is curtailed in this manner.' In his dissent, Judge Kenny Armstrong argued his colleagues are misinterpreting the word 'exempt.' 'While the Article contains no language to enjoin the General Assembly from limiting Metro's legislative body to any number over 25, the Article clearly precludes the General Assembly from limiting Metro's membership to any number less than 25,' he wrote. Armstrong did not address the Home Rule Amendment. The majority there found that even though Nashville is the only city that the law actually effects, it was written as a law of general application. Nashville has been mostly successful in challenging some of the other state laws taking aim at the city, although many of the cases are still in appeals. In one, a judicial panel ruled the state cannot enforce a law making it easier to pass changes through the metro council to the local fairgrounds speedway, which is being considered for upgrades in hopes of drawing a NASCAR race. A court panel likewise ruled it was unconstitutional for Tennessee lawmakers to pass a state takeover of Nashville International Airport's board. Judges also temporarily blocked a law that would reconfigure the group overseeing professional sports facilities in Nashville by letting state leaders pick six of its 13 board members. Republcan House Majority Leader William Lamberth issued a statement on Tuesday praising the court's ruling on the size of Nashville's council. 'I applaud the court's decision today affirming the constitutionality of the Small Government Efficiency Act. This action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable and responsive to their constituents,' he wrote. Nashville Vice Mayor Angie E. Henderson said in a statement that the decision fails to respect the will of Nashville voters, who created a 'highly representative, local legislative branch.' Henderson said they will discuss next steps with the city's attorneys.
Yahoo
03-06-2025
- Business
- Yahoo
Metro Nashville Council can be cut in half, Tennessee Court of Appeals rules
The Tennessee Court of Appeals has ruled that Nashville's governing legislative body can be cut in half. The court, in a split 2-1 decision issued June 3, reversed a lower court's ruling that a state law that would shrink Nashville's Metro Council from 40 to 20 members is unconstitutional. In a statement to The Tennessean, Nashville's associate director of law, Allison Bussell, said the city is evaluating its options moving forward. "We are understandably disappointed and concerned about this ruling's implications for local sovereignty," Bussell said in the statement. "But we are also encouraged by Judge Armstrong's compelling dissent. We are digesting the ruling and evaluating our options." The next step, if the city chose it, would be to file an appeal to the Tennessee Supreme Court. House Majority Leader William Lamberth, who sponsored the House version of the bill during the 2023 legislative session, applauded the court's decision. "This action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable and responsive to their constituents," Lamberth said in a statement. 'Republicans will continue to cut waste at all levels of government." The Tennessee Attorney General's Office, which represents the state in lawsuits, did not immediately respond to a request for comment. The majority aptly began their analysis of the case by framing it as a power struggle. "At its most fundamental level, this case represents a power struggle between State government and local government," Judge J. Steven Stafford wrote for the majority. He was joined by Judge Carma Dennis McGee. The law, passed in 2023, would require city and metropolitan governments to cap their councils at 20 members. Metropolitan governments are combined city and county governments. There are three in the state — Davidson County-Nashville, Moore County-Lynchburg, and Trousdale County-Hartsville. At the time, bill sponsors acknowledged that while the bill didn't explicitly name Nashville, it would be the only local government in the state that would be affected — there are no other metropolitan governments in the state that have a council larger than 20 members. The law, and others like it, were seen as payback for Nashville's Metro Council rejecting a draft agreement to host the 2024 Republican National Convention. The city had successfully argued the law violated a clause of the Tennessee Constitution called the Home Rule Amendment, which prohibits the state legislature from passing laws that have a local effect without first getting local approval. The appeals court rejected that argument. The majority opinion notes that the legislation "clearly" is "a law of general application applicable to all counties that have formed a consolidated metropolitan government or will do so in the future." Nashville Vice Mayor Angie Henderson, who manages the operations of the Metro Council, said that she was "disappointed" by the decision and that it failed to "respect the will" of Nashville's voters. "The Home Rule Amendment of the Tennessee Constitution, in part, stands for the proposition that the size of the Metro Council is a decision for the voters of Metro Nashville," Henderson said in an emailed statement. "For the last 60 years, this 40-member Council has capably and effectively served the interests of our constituents, who today number some 715,000." The lower court had also found that the law violated another clause in the Tennessee Constitution called the Exemption Clause. That clause exempts metropolitan governments from a statewide 25-member limit on city councils written in Article VII of the state constitution. But the majority of the appeals court found the law comports with the Exemption Clause. They ruled that the clause exempts metropolitan councils from the 25-member limit in Article VII of the Tennessee Constitution, but it does not exempt them from limits passed through other legislation. This was the subject of Judge Kenny Armstrong's dissenting opinion. Armstrong argued the law is unconstitutional. His view is that the Exemption Clause prohibits the General Assembly from limiting metropolitan councils to less than 25 members, but that the General Assembly would be free to institute a cap of more than 25 members. Have questions about the justice system? Evan Mealins is the justice reporter for The Tennessean. Contact him with questions, tips or story ideas at emealins@ This article originally appeared on Nashville Tennessean: Metro Nashville Council can be cut in half, appeals court rules
Yahoo
15-04-2025
- Business
- Yahoo
Appeals court shoots down part of Nashville transit plan on housing, parks but upholds most
The Tennessee Court of Appeals on April 15 nixed a small part of Nashville's transit improvement plan while upholding the vast majority of it. A three-judge panel ruled Metro Nashville cannot acquire land for affordable housing and parks with funds raised through the transit plan's tax surcharge. According to the judges, those projects accounted for about 1% of the plan's total surcharge revenue. Metro Law Director Wally Dietz said the impacted parts of the plan can be financed from "non-transit funds." Dietz called the court's opinion "an overwhelming victory for Metro." "I'm pleased that once again a court has sided with the people of Nashville who overwhelmingly approved Choose How You Move," Mayor Freddie O'Connell said in a statement. "The court's ruling today, once again, stands with the will of Nashvillians and allows us to implement all elements of the plan as outlined in the transit improvement program, which references the purchase of land explicitly for the construction of transit centers and related infrastructure." The ruling is the most favorable yet to the plaintiffs, former Metro Nashville Council member Emily Evans and her Committee to Stop an Unfair Tax. Evans indicated she is not done, either. She said she plans to ask the Tennessee Supreme Court to hear the case next. While Evans said she thought the court agreed with her side on what she believed was "the most important argument," she hopes the state's highest court would disagree with the appeals court and invalidate the rest of the plan. "That is that the state legislature did not allow Metro to create essentially an all-purpose fund to solve all of its problems," Evans said. "If part of this plan doesn't work ... does the rest of the plan stand?" Nashville's transit plan has to comply with a 2017 state law called the IMPROVE Act that allows cities to levy a sales tax increase to directly fund a "transit improvement program." The judges said they "fail to see how the purchase of property for housing development and parks is consistent" with the law's definition of a transit improvement program. "Metro's goal is laudable, but the IMPROVE Act does not provide the means," Judge Andy Bennett wrote in the opinion. "Metro will have to find other funds to accomplish this goal." The other challenges made by Evans and her committee through attorney Kirk Clements were unsuccessful. The rest of the plan was upheld. Have questions about the justice system? Evan Mealins is the justice reporter for The Tennessean. Contact him with questions, tips or story ideas at emealins@ Come meet me and the rest of The Tennessean's Metro team at Crieve Hall Bagel Co. on April 16 from 10 a.m.-2 p.m. This article originally appeared on Nashville Tennessean: Appeals court shoots down small portion of Nashville's transit plan
