A three-judge panel on Tuesday unanimously decided that the state's takeover of the Metropolitan Nashville Airport Authority was unconstitutional.
A new airport authority board appointed mostly by the Republican governor and speakers of the House and Senate, seated since July, was vacated by the order, with the three judges ruling that the former board, appointed by Nashville's mayor, should be reinstated.
Tennessee Republicans in the legislature passed the law arguing that Nashville International Airport, one of two airports controlled by the authority, is a regional — not local — asset that benefits from state funding, and should therefore be controlled by the state. But the legislature did not make similar moves toward other Tennessee airports, and the legislation was part of a suite of bills aimed directly at Nashville governance.
The judges specifically called out lawmakers' decision not to include other airports, noting that the exclusion of "the world's busiest cargo airport" (Memphis) showed that Metro was singled out.
The panel agreed with Metro's argument that the law, like others passed by the legislature this year, violates the Tennessee Constitution's Home Rule Amendment, which protects local governments from targeted bills.
New state laws aren’t passing constitutional muster
The litigation created a confusing situation in which the old board continued to meet after the new board was seated. Airport leadership recognized the authority of the new board, while the Federal Aviation Authority said it would continue to recognize the old board until litigation concluded.
Another three-judge panel in September ruled that the state similarly violated the Home Rule Amendment in passing a bill aimed at The Fairgrounds Nashville. The state declined to appeal that decision. The city and state are still waiting on a final ruling in a similar case related to the size of the Metro Council, and Metro recently filed another lawsuit seeking to overturn the state's move to appoint some of the members of the Metropolitan Sports Authority.
The Attorney General's Office told WKRN that it is reviewing the decision.
