Friday, May 12, 2023

Nashville Sidewalk Law Deemed Unconstitutional By Court

 The Tennessee Conservative [By Jason Vaughn], May 12 – According to the Sixth Circuit Court of Appeals, a Nashville law about sidewalks is unconstitutional.

The law, passed by the Metro Council in 2019, required landowners and developers to install a sidewalk in front of the new building or pay a fee to the city, which was then used to build a sidewalk in another location.

Two property owners challenged the law after the city demanded they build sidewalks or fork over money. The Southeastern Legal Foundation (SLF) handled the claim.

One of the landowners was told by municipal authorities that a sidewalk would create a drainage problem, so the city told him he had to pay a fee or create a modified sidewalk. The other owner was forced to pay $8,800 before he could begin his new construction.

A district court originally upheld the law but the appeals court stated that it was a violation of both the Fifth and Fourteenth amendments. (Read more)

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