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The Tennessee Conservative [By Jason Vaughn] –
According to the Sixth Circuit Court of Appeals, a Nashville law about sidewalks is unconstitutional.
The law, passed by the Metro Council in 2019, required landowners and developers to install a sidewalk in front of the new building or pay a fee to the city, which was then used to build a sidewalk in another location.
Two property owners challenged the law after the city demanded they build sidewalks or fork over money. The Southeastern Legal Foundation (SLF) handled the claim.
One of the landowners was told by municipal authorities that a sidewalk would create a drainage problem, so the city told him he had to pay a fee or create a modified sidewalk. The other owner was forced to pay $8,800 before he could begin his new construction.
A district court originally upheld the law but the appeals court stated that it was a violation of both the Fifth and Fourteenth amendments.
“Permits are not a license to steal. Every American property owner should celebrate this ruling because it protects them against cities holding their properties hostage,” said SLF Director of Litigation Braden H. Boucek.
Metro Councilwoman Angie Henderson, who originally sponsored the bill, spoke out Wednesday night, calling the ruling “disappointing.” She stated that groups like the Southeastern Legal Foundation are “actively working against the will of Nashvillians, undermining the success and safety of our city.”
Henderson noted that she has plans to work with Metro’s Legal Department to determine what their next steps will be.
The decision could be appealed to the U.S. Supreme court, which would have to decide if they wanted to hear the case.
About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career. Most recently, he served as Deputy Director for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others. He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History. Contact Jason at news@TennesseeConservativeNews.com
2 Responses
Lol. The truth of the matter is that Nashville was basically built without sidewalks. Too late now. Stinks for those who need wheelchairs and such to move around. The city has never been handi-cap, bicycle, or walking friendly. Scattered sections of sidewalk aren’t going to help anything.
Municipal governments have always been short sighted. The deal with growth like the Feds deal with the national debt, spend more and kick the can down the road. Your absolutely right about Nashville and that is much the same all over Tn.