Nashville airport authority lawsuit: Judges side with Metro, ousting new state-appointed board

A panel of three Tennessee judges ousted the new state-appointed Metro Nashville Airport Authority board Tuesday in a win for the city's legal battle to retain local control.

The panel's ruling reinstates the previous board, which was appointed by the Nashville mayor and approved by the Metro Council. The ruling also enjoins additional zoning powers the state law granted to the board.

Signed by Gov. Bill Lee in May, the law scrapped Metro's existing Airport Authority board, restructuring it to give state officials authority to appoint six of the board's eight seats.

The change stripped board member approval authority from the Metro Council and significantly expanded the airport authority's power over zoning in Davidson County.

Metro sued Lee and the speakers of both Tennessee General Assembly chambers in June, arguing that the law was written so that it currently saps local control over only the Metro Nashville Airport Authority. The MNAA oversees business at the Nashville International and John C. Tune airports.

The law would only apply to airport authorities in other major Tennessee cities including Memphis, Knoxville and Chattanooga if they grow beyond a population of 500,000 and consolidate their governments.

Metro attorneys said this blatantly violates the Tennessee Constitution's Home Rule Amendment, which prevents the state legislature from enacting laws that impact the governance of only a particular city or county without the approval of local voters.

Scott County Criminal Court Judge Zack Walden, Davidson County Chancery Court Judge Anne C. Martin and 29th Judicial District Circuit Court Judge Mark Hayes agreed.

"[N]o other county in Tennessee, even if it consolidates into a metropolitan form of government, could come within the purview of the Act until the release of the 2030 federal census," the panel's decision states.

Attorneys for the state argued the new law was crafted to support the Nashville International Airport's "continued success" and allowed its governing board to be "accountable to more than just the residents of Davidson County," the order states.

"We disagree. These bases do little more than confirm that Metro was singled out," the panel wrote. "Such explanations are unreasonable when the world’s busiest cargo airport (Memphis International Airport) is excluded."

Nashville Mayor Freddie O'Connell said the city-appointed board has been effective in overseeing the airport.

“Their decisions show a history of bi-partisan decision-making reflecting a professional board functioning at the highest level," he said in a statement. "Under the direction of these Nashville leaders, BNA has grown to meet the rapidly expanding needs of our city for today and the future. I look forward to the reinstatement of the locally appointed board.”

Department of Law Director Wally Dietz praised the ruling, saying it "reinforces Metro’s right to maintain and control the airport authority."

"Three different three-judge panels have now protected local governments from unconstitutional state overreach," Dietz said. "This panel was well-prepared for the argument, and we are grateful the Court carefully considered the legal issues raised.”

State Sen. Jeff Yarbro, D-Nashville, said the ruling is "a big win for the city."

"The bigger win is for the good old Tennessee Constitution, functioning as it should and ensuring some protection for local governments across the state," Yarbro posted to social media Tuesday.

State Rep. Johnny Garrett, R-Goodlettsville, who sponsored the airport law, called the decision "a major setback for transparency and fair representation" for Tennessee taxpayers.

"We will continue to fight for the success of our state’s investments. I appreciate the hard work of @AGTennessee and I look forward to an appeal," Garrett wrote on social media Tuesday.

The state has 30 days to appeal this ruling, and the Attorney General's Office is "reviewing the decision to determine next steps," according to Amy Wilhite, the office's communications director.

Attorneys representing Metro, the state and MNAA made their final arguments to the three-judge panel on Oct. 6.

This marks the second trial court win for Metro in recent weeks: A separate panel of judges struck down a law concerning voting thresholds for Nashville's Fairgrounds Speedway in September. The state did not appeal the panel's ruling.

Metro filed its latest lawsuit against the state on Oct. 11, challenging a law that gives state officials power to appoint members to Metro Nashville's Sports Authority Board. A three-judge panel has yet to be appointed in this case.

Judges issued a preliminary injunction in another lawsuit filed in March challenging a new law that would force Nashville to cut its council in half shortly before the August local elections.

The injunction, issued in April, allowed Metro Council to remain a 40-member body. The state did not appeal the injunction. The case is ongoing.

MNAA Lawsuit Final Order by USA TODAY Network on Scribd

This article originally appeared on Nashville Tennessean: Airport lawsuit: Judges side with Nashville, oust state-appointed board