Southeastern Legal Foundation argues Nashville sidewalk case before the Sixth Circuit Court of Appeals

Sixth Circuit Court of Appeals Now Considers Whether Nashville’s Sidewalk Law Is Unconstitutional

Cincinatti, Ohio (July 26, 2022): On July 21, 2022, Southeastern Legal Foundation (SLF) argued its Nashville’s sidewalk case to the Sixth Circuit Court of Appeals. SLF represented two Nashvillians, Jim Knight and Jason Mayes, both of whom were told they could only have permits to build new homes if they agreed to build new sidewalks for Nashville or pay the city a fee. SLF challenged Nashville’s law, arguing that the demand was an unconstitutional condition that violated their constitutional rights. The District Court initially ruled in Nashville’s favor, while noting that Mr. Knight and Mr. Mayes would “likely” prevail if the District Court applied the test requested by the two citizens.

This landmark case will determine the proper constitutional test to review permit conditions that are imposed legislatively. SLF appealed the lower court’s decision, challenging the appropriateness of the test relied upon by the District Court. The Sixth Circuit now has the case for review. The Sixth Circuit Court of Appeals is one court below the United States Supreme Court.

Braden H. Boucek, SLF Director of Litigation, said, “Individual Nashvillians cannot be singled out to bear the cost alone of paying for Nashville’s infrastructure. Constitutional rights do not turn on the branch of government imposing the unconstitutional condition. We look forward to the Sixth Circuit’s ruling.”

Read more about our lawsuit.

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