Nashville, Tenn. - Today, the Tennessee Supreme Court issued an opinion in Metropolitan Government of Nashville and Davidson County v. Bill Lee, et al., Governor, No. M2023-01678-SC-R11-CV, dismissing as moot a state constitutional challenge to a 2023 law requiring changes to the airport authority board of commissioners of any metropolitan government with a population of more than 500,000.
A three-judge trial court panel held that the law violated the Local Legislation Clause of article XI, section 9, which prohibits the General Assembly from enacting certain laws that are “local in form or effect” without the locality’s approval. The Court of Appeals affirmed. The Tennessee Supreme Court granted review. But after the Court heard oral argument, the General Assembly amended the law making it applicable to all metropolitan airport authorities, regardless of population, and some regional airport authorities.
The Tennessee Supreme Court held that the amendments ended the legal controversy between the parties and rendered the appeal moot. Although Metro Nashville argued that the case is not moot because the challenged conduct could recur, the Court rejected that argument. The Court reasoned that there was no evidence that the General Assembly was likely to reenact the specific provisions that were challenged. Given its holding that the case is moot, the Tennessee Supreme Court vacated the lower court opinions and remanded to the trial court with instructions to dismiss the case.
To read the opinion in Metropolitan Government of Nashville and Davidson County v. Bill Lee, Governor, et al., authored by Justice Sarah K. Campbell, please visit the opinions section of TNCourts.gov.