The Nashville-based Beacon Center of Tennessee won an appeal in the 6th Circuit Court of Appeals this week against the city of Nashville on behalf of two homeowners that Metro officials forced to pay for public sidewalks.
Another big win for property rights today! @slf_liberty @BradenBoucek https://t.co/4LEHdCDFE0
— Beacon Center of TN (@BeaconTN) May 10, 2023
The Beacon Center represented Nashvillians Jason Mayes (pictured above) and Jim Knight (pictured above) in the case, arguing that Nashville’s sidewalk law makes “absurd demands” and imposes “tremendous financial burdens on everyday Nashvillians.”
Mayes and Knight are among the individuals directly impacted by the city’s sidewalk law.
“Jim Knight bought a piece of property on Acklen Park Drive, which lacks sidewalks. In Jim’s case, building sidewalks on Jim’s property would cause problems for the city. Metro Public Works and the Stormwater Department determined that building a sidewalk there would cause drainage issues for the neighborhood,” according to the Beacon Center.
Knight refused to pay to build a modified sidewalk after being given an ultimatum by the city to either pay for the construction or a sizable fee to get out of the condition altogether.
Mayes, also cited by the think tank in its case, has a lot on McCall Street next to his parents’ house.
“Out of a desire to remain close, Jason and his wife planned to build their family home on that lot. When he applied for a building permit, Nashville demanded he build a sidewalk even though there are no sidewalks on his side of the street,” according to the Beacon Center. “There are no sidewalks anywhere around the property. Jason pleaded with the city to be relieved of this obligation. The City made him comply anyway. Jason wound up having to pay Nashville an $8,800 ‘in lieu’ fee before he could proceed with building his family’s home.”
The right-of-center think tank also argued that the city’s demand for sidewalks in exchange for a building permit is ultimately unconstitutional, citing the U.S. Supreme Court’s ruling that “local governments cannot use their permitting authority to exact financial concessions unrelated to the intended use of the land from property owners.”
The court sided with the landowner plaintiffs on Wednesday.
Following the court’s ruling, the think tank said, “Today, the Beacon Center won an appeal in the 6th Circuit Court of Appeals which will protect property rights in Nashville. The Court ruled that the city of Nashville cannot avoid constitutional protections for private property simply by taking individuals’ property through legislative action.”
“This was an enormous win for our plaintiffs and a reminder to Nashville that it cannot force a small group of property owners to cover the cost of public works. We are thrilled not only for our plaintiffs but for all citizens living within the Sixth Circuit whose constitutional property rights are protected better today than they were yesterday,” the group concluded.
The Beacon Center initially filed its case against the city of Nashville in October 2020, as previously reported by The Tennessee Star.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network.
Photo “Jason Mayes and Jim Knight” by Beacon Center of Tennessee.
