TBA Law Blog


Posted by: Azya Thornton on Jan 3, 2025

The nonprofit Beacon Center of Tennessee has filed a class-action lawsuit on behalf of those who have paid Metro Nashville's stormwater capacity fee. The suit, filed Monday in the U.S. District Court for the Middle District of Tennessee, centers on a fee established in 2023, which charges $0.71 per square foot of "post-development impervious surface project area" exceeding 800 square feet. This includes surfaces like paved concrete, asphalt or roofs, through which water cannot penetrate or penetrates with difficulty. The fee is in addition to other stormwater user fees, and is assessed only against those who seek permits to perform development work. The suit argues the fee is unconstitutional and seeks full refunds for anyone who paid the fees. Read more in The Tennessean.