We successfully teamed with Metro Legal and Director Wally Dietz on behalf of the Metropolitan Government of Nashville and Davidson County in a pivotal lawsuit against the State of Tennessee, challenging the constitutionality of a 2023 law that aimed to reduce the size of Nashville’s Metro Council from 40 to 20 members. The lawsuit, filed against Governor Bill Lee, Secretary of State Tre Hargett, and State Coordinator of Elections Mark Goins, asserted that the law violated the Home Rule Amendment of the Tennessee Constitution, which safeguards local governments from targeted state laws without voter approval.
A three-judge panel ruled 2-1 in favor of Metro Nashville, declaring the law unconstitutional as it singularly targeted Nashville without securing the consent of its voters. This ruling upheld the city’s authority to determine the size of its Metro Council and reaffirmed local sovereignty.
Led by Bob Cooper, our team included Jeff Yarbro, Wes Love and Teresa McClanahan. The lawsuit is Metro Government of Nashville and Davidson County v. Lee, Case Nos. 23-0336-I, 23-0395-III(I) (Davidson Cnty. Chancery Ct.).
Law360 published an article examining the significance of the case on August 20, “How Bass Berry Scored A Win For Nashville’s City Council.” Click here to read the full article.