Appeals court agrees that board takeover was unconstitutional.
Image Credit: Corey Seeman / CC
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By Stephen Elliott, The Nashville Banner [Creative Commons ] –
The Tennessee Court of Appeals ruled unanimously on Monday that the Tennessee legislature’s push to take over the Metro Nashville Airport Authority was unconstitutional because it singled out Nashville and violated the state constitution’s Home Rule Amendment.
The court’s decision was not final and included some daylight for the state to continue the litigation. But Metro Nashville is tallying another win.
“The Court unanimously ruled in Metro’s favor on the most important argument: that the legislature violated the Home Rule Amendment of the Tennessee Constitution,” Metro Legal Director Wally Dietz said in a statement. “Metro will continue to retain control over who serves on the Authority. Multiple courts have now supported our Home Rule arguments against legislative overreach from two years ago. We are digesting the other elements of the opinion.”
Tennessee Republicans in 2023 passed a law stripping the Nashville mayor of his or her power to appoint all of the members of the board that runs Nashville International Airport and instead grant appointments to the governor, the speakers of the state House and the Senate and the mayor. Metro sued the state and was successful in getting its own board reinstated after a brief period of state control. The effort was part of a series of bills aimed at Nashville governance, most of which have been put on hold by courts in the years since.
The appeals court on Monday sided with the state and reversed another part of the trial court’s decision.
Specifically, the appeals court reversed the trial court’s decision that several sections of the 2023 state law taking over the airport authority were unconstitutional and should be thrown out. Those sections mostly grant the airport authority more power, including related to eminent domain.
“The economic effects of Nashville International Airport on the state are greater than the Chattanooga, Knoxville, and Memphis airports combined,” the appeals court wrote. “We cannot say that, in exercising greater state and regional influence over MNAA or expanding its powers, drawing a distinction between Nashville International Airport and the other airports is irrational.”
The case has been remanded to the trial court for further consideration, with legal costs split between the state and the city.
