Tennessee Attorney General to Appeal Decision in Case Challenging Law Shrinking Size of the Metro Nashville Council

Jonathan Skrmetti

Tennessee Attorney General Jonathan Skrmetti announced Thursday that his office will appeal the July 29 ruling by the Davidson County Chancery Court in the case challenging a state law which caps the number of elected officials in the Metro Nashville-Davidson County City Council to 20.

Governor Bill Lee signed SB87/HB48 into law on March 9, 2023, which requires that the governing body of a municipality or Metropolitan government “dissolve, combine, or reapportion districts or wards, as necessary, so that the number of members elected to the governing body does not exceed 20 voting members.”

The law would have required the 40-member Metro Nashville Council to make the necessary changes to cap the number of elected officials to 20.

The Metro Nashville Government quickly filed a lawsuit challenging the law in the Davidson County Chancery Court, which ruled last month that the law is unconstitutional.

In its 28-page ruling, a majority of the court found that the law violates Tennessee’s Home Rule law, which prevents the Tennessee General Assembly from passing bills specifically targeting a local government against its permission.

Skrmetti’s office, which is representing the governor, Secretary of State Tre Hargett, and Coordinator of Elections Mark Goins in the lawsuit, filed a notice of appeal in the Tennessee Court of Appeals on Thursday:

Defendants Bill Lee, Governor of the State of Tennessee, Tre Hargett, Secretary of State for the State of Tennessee, and Mark Goins, Coordinator of Elections for the State of Tennessee, in their official capacities, hereby give notice of their appeal to this Honorable Court from the Memorandum and Final Judgment on Motions to Dismiss and Motions for Summary Judgment entered by the Chancery Court for Davidson County, Part I, on July 29, 2024, in case number 23-0336-I (consolidated with case number 23-0395-III(I)).

“My office filed a notice of appeal yesterday in the case regarding the size of metropolitan governments,” Skrmetti said in a statement. “We look forward to presenting our arguments to the Court of Appeals.”

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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
Photo “Jonathan Skrmetti” by Tennessee Attorney General. Background Photo “Metro Nashville Council Meeting Room” by nashville.gov. 

 

 

 

 

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4 Thoughts to “Tennessee Attorney General to Appeal Decision in Case Challenging Law Shrinking Size of the Metro Nashville Council”

  1. VOTING IS TERM LIMITS

    In order for Davidson County Voters to ” get their Power Back” will be to remove mandatory term limits on the Metro Council. As soon as they are elected, they are Lame Ducks, bc they have no incentive to work their fannies off to Represent their District.
    MANDATIRY TERM LIMITS removes the voters to HIRE & FIRE their lawmakers based on their performance. Why would you FIRE a good employee, someone that’s doing a great job?
    Now the local “deep state” Bureaucrats, whose salaries, healthcare & pensions we taxpayers pay for, know that they can give these Rookie Council People the run around
    Or if the Rookies cooperate & vote the way the Kommie Mayor wants them to vote, they’ll help.them with issues in the Dustrict.
    Another major problem is Metro Employees are not required to live in the County. They don’t pay taxes & don’t vote, so they have no allegiance to the residents in Davidson Co.
    I’m wondering if some of the Metro Council members live in the County. These short term Council members recuve taxpayer Pensions & Healthcare. We cannot continue to afford this.
    I know of one Metro Employee in the Human Resources, who has been working Part-time for decades, making $70k a month, yet will receive full Pension Benefits, Heathcare & Life Insurance. I’m confident she isn’t the only one.
    Mandatory Term limits removes POWER from the PEOPLE & turns it over to the Executive Branch.

    VOTING IS TERM LIMITS

  2. JAMES BELLAR

    GOOD. 40 MEMBERS IS TO MANY FOR A CITY THE SIZE OF NASHVILLE.THE DISSENTING OPINION IS CORRECT.

  3. Tim Price

    How can a Davidson County organization make a command decision involving Davidson County government considering that such organization is obviously biased?
    That makes zero sense!

  4. Cannoneertwo

    Maybe we can get Congress to improve Tennessee’s General Assembly by making it unicameral. Y’know…. streamline state government…

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