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Nashville "Affordable Housing" - Lawsuit Filed Challenging Unconstitutional Mandatory Set-Aside: "National Trend to Force Socio-Economic Redistribution at Property Owners' Expense"

April 24, 2017

 

NASHVILLE, TN:  The Beacon Center of Tennessee and Southeastern Legal Foundation (SLF) today filed a critical constitutional lawsuit challenging the City of Nashville's so-called "affordable housing" mandate on all new housing and rental units, part of "a national trend to force socio-economic redistribution at property owners' expense," according to attorneys filing the litigation.  The Beacon Center  and SLF represent the Home Builders Association of Middle Tennessee (HBAMT), who brought the case on behalf of its members in the defense of property owners.

 

"Nashville has been warned, encouraged to address legal takings issues, and offered solutions to change its ordinance that clearly violate fundamental constitutional private property rights under the U.S. and Tennessee Constitutions and state law," said Kimberly Hermann, SLF general counsel.  "They refused to do so, and we have joined with The Beacon Center of Tennessee to challenge this illegal government action."

 

The Nashville ordinance is one of dozens of similar ordinances either enacted or under consideration by local governments across the U.S., following a multi-year push by the Obama administration's U.S. Department of Housing & Urban Development (HUD) to expand low-income housing into "higher opportunity areas" - at property owners' expense.

 

Founded in 1976, SLF is one of the nation's leading constitutional public interest law firms, appearing more than a dozen times each year before the U.S. Supreme Court on issues ranging from property rights to free speech to individual economic liberties and regulatory overreach.

 

Click here for important background on the case and the law

 

Click here for lawsuit as filed

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