NASHVILLE, Tenn. (WTVF) — The previous airport authority board is being re-instated as a long battle between the state and Metro government on the makeup of the board continues.
In June, NewsChannel 5 reported on the state legislature's original decision to pass a bill remaking the airport authority. The bill broke down the board so that two people were appointed by the Speaker of the House, two people appointed by the Lt. Governor and two persons to be appointed by the governor and two by the Nashville mayor or the mayor's designee. Before this, the Nashville mayor appointed people to the board.
Nashville took the state to court over this change, but the state won. NewsChannel 5 reported on a judge ruling against Metro back in August, which made it so that members of the airport authority board are chosen by the governor and state lawmakers, not Metro. At the time, the judge ruled in MNAA's favor, explaining in the filing that Metro waited three weeks to move for the injunction, but they had known about the changes since Governor Lee signed the Act into law on May 19, 2023 and could have acted much sooner.
However, with this new ruling, the appeals court overruled the state law, meaning the original board is re-instated.
According to the ruling, "the statutory makeup of the new Board and the expansion of powers afforded MNAA are unconstitutional, (therefore) we strike them from the Act."
What does this mean?
The ruling says the old board is being re-instated "without the additional powers and responsibilities contained in Sections 6, 7, 8, and 9 of the Act."
These added sections allowed metropolitan airport authorities to do as follows:
- acquire property by eminent domain proceedings
- modify sections of a public “street or other public way, ground, place or space, or public utility,” as long as the authority owns the surrounding property
- regulate the aircraft hazards and things like land use that might impact the safety of airport operations
As long as the metropolitan airport authorities match section 2 of the Act's guidlines for population (at least 500,000) and government (must be of the metropolitan form), these new rules applied.
However, these allowances are no longer present in the airport authority board, as the "new board is vacated, and the old board is reinstated," according to the judge filing.
As it was designed, the airport oversees the Nashville International Airport. The board oversees the planning, construction, operation and management of BNA and John C. Tune Airport. The second is to assure the promotion, encouragement and development of commerce and industry through air transportation.
Here are some responses to the situation from those involved:
BNA:
"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.
Mayor Freddie O'Connell:
“For decades, the MNAA board has been led by some of Nashville’s most prominent business leaders, aviators and engineers. Their decisions show a history of bi-partisan decision-making reflecting a professional board functioning at the highest level. Under the direction of these Nashville leaders, BNA has grown to meet the rapidly expanding needs of our city for today and the future. I look forward to the reinstatement of the locally appointed board.”
Attorney General's Office:
“We are reviewing the decision to determine next steps.”
