by Joey Garrison , USA Today Network - Tennessee -Metro Nashville was hit with a highly anticipated lawsuit on Monday by
the free market think-tank Beacon Center of Tennessee over a new Metro
policy that is aimed at jump-starting more affordable housing.
"We are filing this lawsuit not just because we disagree with
this 'affordable housing' plan, but because Nashville is acting
unconstitutionally and in defiance of state law," Braden Boucek,
director of litigation for the Beacon Center, said.
"Tennessee
has expressly told cities they cannot pass these sorts of laws, which
makes Nashville's mandate on 'affordable housing' both illegal and
unconstitutional. Cities are not independent and cannot pick and choose
what laws they want to follow."
But supporters of the ordinance, including bill sponsor Councilwoman
Burkley Allen, have argued that the policy is a voluntary inclusionary
zoning policy based on development incentives and not a mandate
because the requirement is only triggered when a developer chooses to
apply for new development rights. (link)
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