MLS stadium case returns to lower court following appeal

Posted at 11:47 AM, Jul 19, 2019
and last updated 2019-07-19 13:03:15-04

NASHVILLE, Tenn. (WTVF) — An appeal by "Save our Fairgrounds" against the city of Nashville in their attempts to build an MLS Stadium has been dismissed, but the case now returns to a lower court.

In the ruling filed on Thursday, judges ruled that the case would be remanded to the Davidson County Chancery Court, where the initial ruling allowing the stadium's construction to go forward was made.

The appeal asked for a injunction preventing the construction from going forward. With the appeal being dismissed, that injunction will not go into effect. It does, however, allow "Save our Fairgrounds" to make their case again in front of the lower court. Specifically, the appeals court ruled that the lower court did not address three parts of the Metro Charter which "Save our Fairgrounds" says were violated by allowing the stadium's construction, focusing on only a different part of the charter instead.

"We see this as a total and complete victory," Jim Roberts, an attorney for "Save our Fairgrounds" told NewsChannel 5. "The deal is completely crooked and we're going to expose it."

"The Trial Court had ruled there is no violation of section 11.602 (d) of the Metropolitan Charter regarding the continuation of the existing uses at the Fairgrounds," a statement from the Metro Department of Law reads. "On appeal, the Plaintiffs raised additional claims that other provisions of the Charter are being violated. The Court of Appeals has sent the case back to the Trial Court for a ruling on those provisions. The Court of Appeals expressly did not address the merits of the case."

Read the complete decision below: