Image Credit: Canva
The Tennessee Conservative Staff –
Arguments in a lawsuit brought by opponents of Nashville’s transit plan were heard by a Davidson County judge last week, as the city continues to move forward by taking bids for the project.
The $3.1 billion transit plan would fund items such as updated traffic signals, new sidewalks, and improved bus service. In November, voters approved a referendum to increase sales tax by a half-percent to cover a portion of the costs.
Attorneys for both parties presented arguments before Davidson County Chancellor Anne C. Martin.
Plaintiffs in the case, including former Metro Councilwoman Emily Evans, allege that the project does not comply state law because it includes things that are not considered “public transit,” such as sidewalks and traffic signals, and would not be eligible for the additional funding that was approved.
Kirk Clements, attorney for the plaintiffs, said, “They’re trying to turn a mass transit system, the definition of a public transit system, into anything that may be connected to or resolved in arriving at a transportation facility or a bus stop. Unfortunately, that’s not supported by the plain language of the statute.”
Plaintiffs also question the estimated cost of $3.1 billion, arguing that it did not factor in inflation, operating costs, or interest. They believe voters should have been presented with an “all-in-estimate” that was closer to $7 billion.
Metro Council attorney Jeff Yarbro countered that the estimate was based on current prices that were available at the time. He also noted that it was not required for the estimate to be included on the ballot in the first place.
Yarbro also noted that the sidewalks and traffic signals that will be updated are all located near areas that will have updated bus services. He argued that the transit system could not be upgraded if there were not also improvements to those surrounding structures.
Martin did not issue a ruling on Wednesday but stated that one would follow soon. The tax increase is set to take effect on February 1. If Martin rules in the plaintiff’s favor, the transit referendum would be nullified.
