Metropolitan Government of Nashville & Davidson County et al. v. Bill Lee et al. (Dissenting in part)

Case Number
M2024-01182-COA-R3-CV

I write separately to address what I consider to be an erroneous reading of Article VII, section 1 of the Tennessee Constitution (the “Article”), which provides, in relevant part:

 The legislative body shall not exceed twenty-five members . . . Any county organized under the consolidated government provision of Article XI, Section 9, of this Constitution shall be exempt from having a county or legislative body as described in this paragraph. 

(Emphases added). It is undisputed that Metro qualifies for the exemption contained in the Article. The obvious reason for exempting a consolidated government from the restriction on the size of its membership is to accommodate the far larger population of a consolidated government as compared to a single county or municipality.

Authoring Judge
Judge Kenny Armstrong
Originating Judge
Chancellor Patricia Head Moskal
Date Filed
Dissent or Concur
This is a dissenting opinion
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