COMMITTEE TO STOP AN UNFAIR TAX ET AL. v. FREDDIE O’CONNELL ET AL. - Articles

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COMMITTEE TO STOP AN UNFAIR TAX ET AL. v. FREDDIE O’CONNELL ET AL.

Posted by: Azya Thornton on Apr 15, 2025

Court: TN Court of Appeals

Attorneys 1: Kirk L. Clements, Nashville, Tennessee, for the appellants, Committee to Stop an Unfair Tax and Emily Evans.

Attorneys 2: Lora Barkenbus Fox, J. Brooks Fox, Benjamin A. Puckett, Robert E. Cooper, Jr., Wallace W. Dietz, and Jeffrey P. Yarbro, Nashville, Tennessee, for the appellees, Mayor of Metropolitan Government of Nashville and Davidson County, Metropolitan Government of Nashville and Davidson County, and Davidson County Election Commission.

Judge(s): BENNETT

The plaintiffs brought an election contest and a declaratory judgment action against the defendants to enjoin the implementation of Metro Ordinance No. BL2024-427, which implements Metro’s transit improvement plan created pursuant to the Improving Manufacturing, Public Roads and Opportunities for a Vibrant Economy Act. The trial court found that the plan and ballot question complied with the Act in all respects. We affirm, except that we find that the surcharge in the transit improvement plan cannot be used for the acquisition of land for housing and parks.

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