TBA Law Blog

Posted by: Kate Prince on Jun 10, 2021

Attorneys for Metro Nashville and the Davidson County Election Commission were back in court yesterday, debating whether the commission acted in bad faith in its decision to block a Metro-supported proposal from being placed on the same ballot as the property tax referendum, the Tennessean reports. The property tax referendum seeks to limit the city’s power over property tax increases and recall elections, among other things, while the Metro-backed proposal would preserve the current Metro Charter. The commission voted 3-2 last month to let the court decide on the proposal, a decision that Metro attorneys yesterday deemed “action by inaction.” Metro attorney Cate Pham claimed the commission “slow walked” its decision, deliberately delaying approval so that the measure wouldn’t appear on the July 27 ballot. Representing the commission, attorney Jim Blumstein of Vanderbilt and Austin McMullen of Bradley Law Firm, defended the decision to send the resolution to the court due to the lack of clarity on Metro’s proposal and the “self-destructive” provision written into it that demanded it be put on the July 27 ballot.