It was business as usual Wednesday for the group of state-appointed Metro Nashville Airport Authority members who met and voted on several projects related to airport business.
Held at Nashville International Airport, the meeting came just hours after the original Metro-appointed board met to discuss its legal challenge to the state law that allows for the state-appointed board to take over operations.
BNA leadership is currently cooperating with the state board in compliance with the new law. However, Metro believes that due to a Federal Aviation Administration statute, its board should be the one currently in operation and has sued the state to retain control.
MNAA President Doug Kreulen cautions board against joining suit that would become 'partisan political activity'
The group of Metro-appointed board members who continue to oppose the change met in a conference room in the Howard Office Building at 11:30 a.m. Wednesday. Metro legal director Wally Dietz gave an update to the group on the federal lawsuit Metro and the MNAA filed July 1 in the U.S. Court of Appeals for the D.C. Circuit against the FAA.
“Since they [FAA] did not act on our request, which was very simple under Section 757 of the 2024 Reauthorization Act … and after they had gone through the entire period of 40 days not answering us, we filed suit," said Dietz.
Dietz shared that a new FAA statement was issued to Metro on Monday. He characterized the FAA's position as denying its responsibility to make a statement during conflict while still acknowledging it cannot recognize the new board until litigation is concluded.
Another filing on Monday came from Tennessee Attorney General Jonathan Skrmetti, who made a motion to intervene, claiming the state’s sovereign interests were affected by the case. Metro did not oppose the intervention but reserved all rights to challenge the state’s arguments, said Dietz.
A preliminary ruling for the lawsuit is expected by the end of the month. A final appellate brief will be filed Monday, and there will be reply opportunities for both the FAA and the state.
Sperling Kenny Nachwalter attorney Campbell Haynes also shared updates on Metro’s separate lawsuit against the state, filed in the Middle District of Tennessee. The Metro-appointed board voted to participate in the lawsuit, while the state-appointed board voted to end its participation, creating some uncertainty in the legal process.
Metro expects its board to continue to meet, says court granted stay through July 27
The case is currently under a stay issued on July 8 until July 27 as it awaits the resolution of the ongoing case against the FAA in the D.C. Circuit Court. Although the state-appointed board met across town, Haynes said the Metro board is the only legally authorized airport authority board as of now.
“And so it's our position, and will continue to be our position, that anything the state board does this afternoon is null and void," said Haynes. "It is of no effect because that board is not lawfully situated."
Haynes also shared that a previously scheduled Aug. 5 hearing for a preliminary injunction for the law allowing the new state board was canceled due to the stay.
This all comes due to Tennessee’s Republican supermajority passing legislation to take over the state’s metropolitan airport authorities, which includes the current Metro-appointed board at Nashville International Airport. Under the new law, the local boards are replaced by a governing board of state appointees — two each from the governor, state House speaker and state Senate speaker. Mayor Freddie O’Connell is tasked with appointing the remaining three members for the nine-member MNAA.
Since its creation, the board had been chosen entirely by Metro officials, but this is not the first time the state has tried to gain control. Currently, the Tennessee Supreme Court is considering two separate cases over 2023 legislation seeking to seize control of the board and cut the size of Nashville’s Metro Council in half.
This article was first published by our sister publication the Nashville Post. Additional reporting by Julianne Akers.
