Plaintiffs Confirm Appeal Following Judge’s Dismissal of Lawsuit Declaring Nashville Transit Referendum Illegal

Nashville transit

The head of the Committee to Stop an UnFair Tax that opposed Nashville Mayor Freddie O’Connell’s Choose How You Move transit referendum told The Tennessee Star on Monday that her group will appeal the Monday decision by Davidson County Chancery Court Judge Anne Martin to dismiss the group’s lawsuit.

Emily Evans, who led the committee and is a plaintiff in the lawsuit, told The Star that Martin’s decision to dismiss the lawsuit under grounds that it was not a proper election contest was “not really unexpected,” and “sort of the pattern that we’ve seen in recent years.”

She confirmed the Committee to Stop an UnFair Tax intends to appeal the Monday decision.

“We plan to appeal to the Tennessee Court of Appeals because we think that Metro did not adhere to the requirements of the IMPROVE Act,” Evans told The Star.

Asked whether Evans expects the appeal to be expedited through the courts, considering Nashville’s taxes will increase to help pay for the Choose How You Move transportation plans on February 1, she told The Star her group “will do what is allowed in terms of expediting the appeal and asking for some intervention.”

Evans also told The Star that she does not expect the appeal to be harmed should it continue past February.

“When you’re on the appeals track, you’re looking at everything that happened until the judge ruled, and they take a look at that,” said Evans. “The circumstances of collection of taxes, I don’t think particularly matters.”

Evans and the Committee to Stop an UnFair Tax sued the city last November, claiming the referendum illegally included items that were not named in the 2017 IMPROVE Act, which empowers Tennessee cities to raise taxes for the purpose of a transit project.

According to the lawsuit, O’Connell and his allies erred by using the 2017 law to include items like expanded sidewalks and smart traffic signals in the referendum, making it legally defective at its core.

In addition to declaring their lawsuit was not a proper election contest, as it did not argue malfeasance during the public vote, Martin ruled that the city adequately complied with the requirements of the IMPROVE Act when planning the referendum.

Martin initially indicated she would announce a ruling before February 1.

– – –

Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “Nashville Bus” by Jarrett Stewart. CC BY-NC-SA 2.0.

 

 

 

Related posts

One Thought to “Plaintiffs Confirm Appeal Following Judge’s Dismissal of Lawsuit Declaring Nashville Transit Referendum Illegal”

  1. JUST SAY NO TO MORE TAXES

    These Federal Transit grants come with strings. They are meant to give locals power to develop 15 minute “SMART CITIES” propised by the WEF as part of their AGENDA 30 Plan.

    It’s my understanding they will buy up personal properties & build multi family dwellings for people to live in & not need transportation. Govt will vyour landlord.
    “YOU WILL OWN NOTHING, AND BE HAPPY”
    WAKE UP NASHVILLIANS
    FREDDIE IS PUSHING HIS SOCIALISM AGENDA

Comments