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.
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Chris Butler is an investigative journalist at The Tennessee Star. Follow Chris on Facebook. Email tips to [email protected].
Does anybody know what Metro Law Director, who is paid over $200,000 per year does? I have watched the hearing he has not said anything. What a waste of Taxpayers money. Time to clean house and vote on the property tax. Recall the Mayor, Chancellor and Metro council. Taxation without representation!
Does the Nashville government work for the citizens or the “special interest” groups? This will be a defining moment for Metro Davidson County!
The next action by the citizens, might have to be a “recall” of the Chancery Court judge!
I agree! She needs to be recalled along with the un elected metro election commissioners and administrator! Where is the state of Tennessee? Secretary of State?
The metro election commissioners, election administrator snd the state election commissioners should be publicly and individual litigants because they have not done their jobs! They should personally compensate the taxpayers for the costs of litigation and the costs of the election! Metro is accountable to the State if Tennessee!!!
if she does and when she runs for reelection her opponent already is in the lead with 27.000 votes.
here that your honor?
I predict Chancellor Lyles, who runs for office as a democrat will rule with the political class to not let the good people of Metro have a vote on the referendum to raise their property taxes by 34%! One democrat taking care of another democrat. The election administrator and election commission is appointed by the state election commission. Senator Dickerson where are you on this matter? Where is the Tennessee Secretary of State who oversees Tennessee elections? Where is the local and state GOP on this matter? Metro needs a strong two party system. Metro has been controlled by democrats for 50 years. The dems have broke this city and does not want to give the taxpayers a vote! In fact they are litigating the matter with taxpayers money hiring attorneys, metro legal office salaries to stop taxpayers from having a voice. It is Time two have a strong two party system in Metro. Please let the people vote! Did you get a 34% pay raise this year?
The problem is not the tax repeal, it is the other provisions. I wonder why they were combined? I am not a lawyer, but is seems that the repeal going it alone would have been less susceptible to attack.
You are talking about form issues. The election commission can make form changes. The court will rule they can to clean up the petition.