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

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Aerial view of town of Wailuku in Maui, Hawaii with mountains in background against cloudy sunset sky.

Maui's Vacation Rental Debate Turns Ugly

Verbal attacks, misinformation campaigns and fistfights plague a high-stakes debate to convert thousands of vacation rentals into long-term housing.

July 1, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

July 9, 2025 - Diana Ionescu

Map of Haussmann's redesign of Paris in the 1850s through 1870s under Napoleon III.

In Urban Planning, AI Prompting Could be the New Design Thinking

Creativity has long been key to great urban design. What if we see AI as our new creative partner?

June 30, 2025 - Tom Sanchez

Red and white "Wildfire Evacuation Route" sign on signpost.

Cal Fire Chatbot Fails to Answer Basic Questions

An AI chatbot designed to provide information about wildfires can’t answer questions about evacuation orders, among other problems.

4 hours ago - The Markup

Protester at Echo Park Lake, Los Angeles holding sign that says "Housing is a human right"

What Happens if Trump Kills Section 8?

The Trump admin aims to slash federal rental aid by nearly half and shift distribution to states. Experts warn this could spike homelessness and destabilize communities nationwide.

5 hours ago - Shelterforce Magazine

Aerial of rainbow painted crosswalks at large intersection in Castro District, Sna Francisco, California.

Sean Duffy Targets Rainbow Crosswalks in Road Safety Efforts

Despite evidence that colorful crosswalks actually improve intersection safety — and the lack of almost any crosswalks at all on the nation’s most dangerous arterial roads — U.S. Transportation Secretary Duffy is calling on states to remove them.

6 hours ago - Streetsblog USA

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.

Home and Land Services Coordinator

Appalachian Highlands Housing Partners

Associate/Senior Planner

Gallatin County Department of Planning & Community Development

Senior Planner

Heyer Gruel & Associates PA