Court Rules Against Nashville Sidewalk Ordinance

The city can no longer require developers to pay for or build sidewalks.

1 minute read

May 15, 2023, 6:00 AM PDT

By Diana Ionescu @aworkoffiction


The Sixth Circuit court ruled against the city of Nashville’s effort to require developers to build or pay for new sidewalks on their projects or pay into a city sidewalk fund, reports Gabriel Tynes in Courthouse News. “On Wednesday, the Sixth Circuit ruled the city’s 2019 sidewalk ordinance leaves property owners vulnerable to unconstitutional takings under the Fifth Amendment and remanded the case for the district court to decide the appropriate remedy.”

According to Judge Eric E. Murphy, “In short, the relevant constitutional provisions on their face offer no plausible path for Nashville’s request that we adopt different takings rules for conditions imposed by different branches of government.”

The decision deals a blow to accessibility and safe streets advocates. As Tynes points out, “Nashville is among the deadliest cities in the nation for pedestrians. Despite increasing its annual capital spending on sidewalks to $30 million, the city estimates it would take 20 years to increase its sidewalk infrastructure by just 71 miles in critical areas, according to the ruling.”

Wednesday, May 10, 2023 in Courthouse News Service

Aerial view of homes on beach in Maui, Hawaii

Hawaii Passes First Legislation Regulating Short-Term Rentals Statewide

The new law will give counties the power to limit number or short-term rentals and convert existing short-term rental units back into long-term residential housing.

May 13, 2024 - USA Today

Google office building in Virginia.

Virginia Data Centers Draining State’s Water Supply

Being the world’s largest data center hub is having a severe impact on local water resources.

May 9, 2024 - Grist

Entrance to a drive-through car wash at night with green 'Enter' sign.

Ohio Towns Move to Ban New Car Washes

City officials in northeast Ohio are putting limits on how many car wash facilities can open in their towns.

May 16, 2024 - News 5 Cleveland

Grand Coulee Dam in Washington state.

Northwest Power Demand Could Surge as Data Centers, Transportation Electrification Ramps Up

New estimates project a steady increase in electricity demand due to population growth, data centers, and the shift to electric power in homes, buildings, and transportation.

May 17 - Governing

Blurred traffic speeding by on freeway with Los Angeles skyline in background.

California Testing Per-Mile Gas Tax Alternatives

A summer pilot program will test the fairness and efficacy of collection mechanisms for mileage-based fee options.

May 17 - Newsweek

Close-up of 'Pay rent' note in red marker on day 1 of monthly calendar.

After Months of Decreases, Rents Nationwide Are Going Up

Average rents rose by $12 around the country so far this year.

May 17 - Smart Cities Dive

News from HUD User

HUD's Office of Policy Development and Research

Call for Speakers

Mpact Transit + Community

New Updates on PD&R Edge

HUD's Office of Policy Development and Research

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.