Tennessee Supreme Court To Hear Oral Argument in Nashville April 9

April 6, 2018

The Tennessee Supreme Court will hear one case on April 9, 2018, in Nashville, TN.  The details of the case are as follows:  

Monday, April 9, 2018

 

  • Ludye N. Wallace v. Metropolitan Government of Nashville and Davidson County, Tennessee Et Al.This case is before the Court upon the Supreme Court’s grant of the plaintiff’s emergency motion to assume jurisdiction over this matter, which is on appeal from the trial court’s dismissal of the case. The plaintiff is a mayoral candidate running for the vacant Davidson County Mayor seat. The Davidson County Election Commission scheduled the mayoral election for August 2, 2018, the date of an already scheduled election. A provision of the Metro Charter, approved in a 2007 referendum, requires a special election to be held whenever a mayoral vacancy “shall exist more than twelve (12) months prior to the date of the next general metropolitan election.” The plaintiff argues that the August 2, 2018 election is not a “general metropolitan election” under the Metro Charter and that, thus, a special election must be held.  As support for his interpretation of “general metropolitan election,” the plaintiff relies on the 2007 referendum approved by Davidson County constituents describing the provision in question as requiring a special election “whenever more than twelve (12) months remain in the unexpired term” of the office of mayor.  The plaintiff maintains that, since the term of the former mayor is not set to expire until August 2019, a special election must be held in May 2018.  The defendants, however, rely on the specific language of the provision itself, which states that a special election is required only when a mayoral vacancy “shall exist more than twelve (12) months prior to the date of the next general metropolitan election.”  The defendants argue that the August 2018 election is a “general metropolitan election” because it is an election in which all registered voters may participate.  Thus, defendants conclude that no special election is required.

 

Media members planning to attend oral arguments should review Supreme Court Rule 30and file any required request.