The dispute over the Nashville Taxpayer Protection Act went to trial Monday.
Nashville attorney Jim Roberts said he expects Davidson County Chancery Court Judge Ellen Hobbs Lyle will issue a ruling by the end of this week.
As reported, Roberts is fighting the Davidson County Election Commission to get the Nashville Taxpayer Protection Act referendum on the December 5 ballot.
The Nashville Taxpayer Protection Act referendum, if approved, would roll back Nashville Mayor John Cooper’s 34 to 37 percent tax increase.
Roberts told The Tennessee Star that two witnesses testified Monday — Davidson County Election Administrator Jeff Roberts and former Metro Nashville Council member Duane Dominy.
“Jeff Roberts testified and admitted the Election Commission didn’t set it [the Nashville Taxpayer Protection Act] for an election. They didn’t call an election,” said Jim Roberts, who is not related to Jeff Roberts.
“They are trying to get out from behind that by saying they conditionally set it, but they didn’t set any conditions for it to actually happen and that was pretty much it. Their entire argument was just to say over and over you just can’t do this.”
Dominy, meanwhile, testified that he fought to place the Nashville Taxpayer Protection Act on the ballot, Jim Roberts said.
As reported last month, members of the Davidson County Election Commission voted to neither approve nor reject the Nashville Taxpayer Protection Act. They instead passed the matter on to a chancery court to guide them on how to proceed. They also moved the “conditional” date of the election from December 5 to December 15.
“Our argument today was the election commission hasn’t done anything,” Jim Roberts said Monday.
“They still have not refused to put the matter on the ballot or put it on the ballot.”
As reported, members of the Davidson County Election Commission met privately last month. At least one of the five commission members refused to say what they discussed, even though it was government business. Jim Roberts, at the time said he suspected commission members met to discuss ways to undermine the Nashville Taxpayer Protection Act.
Jim Roberts said arguments in the trial will begin Tuesday.
– – –