NASHVILLE, Tenn. (WTVF) — Who is in charge out at Nashville International Airport? For the last few months, it was a board of mostly state appointed members to the Metro Nashville Airport Authority. Then Tuesday, a panel of judges put the city appointees back in charge.
As you might expect, whether lawmakers consider the panel's ruling smooth or turbulent depends on your politics.
"I think it’s great news for the people of Nashville," said Rep. John Ray Clemmons, a Democrat from Nashville.
"Well obviously I’m disappointed," said Rep. Johnny Garrett, a Republican from Goodlettsville. "Anytime that you are passionate about legislation that gets not only challenged, but overturned."
Rep. Garrett sponsored the bill in the Tennessee House that reconstituted the board governing BNA with two appointees from the House Speaker, two appointees from the Lt. Governor, two appointees from the Governor and two appointees from the Nashville mayor.
Garrett says he still believes in the goal of the new law.
"I do believe in it because Tennesseans pay for it. They don’t pay for the whole thing, of course, but they do pay with their tax dollars partly to support that airport, and I believe they should have a say through the democratic process here at the General Assembly of what happens to the airport," said Garrett.
The panel of judges reversed the law, claiming it was unconstitutional under Tennessee's Home Rule amendments. Essentially, lawmakers can't pass bills that target individual communities that have charter governance over themselves, like Metro Nashville.
"We’re now going to be able to continue that growth uninhibited by the state government overreaching into our affairs," said Rep. Clemmons, who also serves as Democratic House Caucus Chair.
The panel also reversed a few new powers awarded to airport authority under the state law, including some eminent domain powers and requiring local zoning boards to share plans with the airport if they're within BNA's flight path.
"Now that this law’s not there, Metro can take as long as they want in order to recognize or file that particular overlay the airport’s required to do. So that could slow down that process," said Rep. Garrett.
But this ruling may not end the power struggle between the two boards, especially if the state appeals as expected.
"Sometimes they get it right, and sometimes they get it wrong. And I believe this is worth one of those times to see whether or not they were right in this decision — and that’s the appellate process," said Rep. Garrett.
"There’s always the possibility, there are no guarantees with legal action," said Rep. Clemmons.
Nashville International Airport sent NewsChannel 5 a statement about the panel's ruling:
Since 1970, the Metropolitan Nashville Airport Authority has effectively served the travel needs of Middle Tennessee and surrounding counties through Nashville International Airport® and John C. Tune Airport®. We are respectful of the court’s decision on MNAA’s Board of Commissioners and look forward to working with each member immediately, including the next scheduled committee meetings on November 8. As one of the fastest growing airports in the country, BNA® remains committed to serving the Middle Tennessee region through best-in-class facilities, air service and customer experience.
A spokesperson for Mayor Freddie O'Connell confirms that the Nashville mayor will appoint two new members to the city's version of the MNAA board, since two board members resigned from the city's version to serve on the state's version.
"The Mayor will fill the slots as expeditiously as it can be done and done well," said Alex Apple, Deputy Director of Communications for Mayor O'Connell. "There isn't a hard timeline on that though."
