Opponents are increasingly using legal challenges to block or delay major public transport expansions, even after voters have approved it. (Photo: John Partipilo)
Opponents are turning to legal challenges that seek to block or delay major public transport expansions, even after voters have approved it.
Recent lawsuits in Arizona, Tennessee and Texas have attempted to delay projects handed over to voters.
In Nashville, Tennessee, voters passed a $3.1 billion referendum in November, raising city sales taxes half-cents, expanding funding bus services, pedestrian improvements, and a 54-mile “all-access” transport corridor. However, a Tennessee court ruled last week that the city cannot purchase land to buy land for affordable housing and parks, while supporting much of the project.
According to the court, the decision affects only 1% of total revenue. But that signaled that even funded, voter-backed transport efforts were vulnerable to some legal obstacles.
Last year, voters in Maricopa County, Arizona approved an extension of the half-cent sales tax for transportation. County GOP sued They argued that the votes did not meet the 60% or larger in order to attempt to negate the outcome.
Austin, Texas, 2024 Class Action Litigation They tried to prevent the city from collecting property taxes unless they exclude taxes approved by voters in 2020 – funding Project Connect – Major Transportation Expansions. However, the judge dismissed the case late last year.
Public support for expanding transport has skyrocketed across the US. In 2024 alone, voters approved 46 of 53 transport-related voting measures, lifting more than $25 billion in new funding for transportation projects and improvements. According to the American Public Transport Association.
But despite support from the ballot box, cities often face legal, zoning and political barriers.
Nashvillein particular, according to researchers at the Urban Institute, it is becoming a case study of both momentum and transport investment and resistance to development.
“There was a change in the ocean,” said Gabe Samuels, research analyst for the housing community division at Urban Institute. “Two transport referendums have failed in Nashville over the past decade, and this time they have passed resolutely. Voters want sprawls and alternatives to transportation.”
However, transportation-oriented development — strategies to cluster homes and businesses that are close to high quality transportation — are often hampered by outdated zoning, Samuel and colleague Jonah Freemark told Stateline.
aAccording to a survey by the Urban Research Institute, Over 90% of Nashville’s residential areas are zoned into single-family or two-family homes, a common pattern in southern and midwest cities. The report says zoning limits the density required to support high transport riderships. Currently, only 13% of Nashville homes are within a quarter mile. This is what reports call within easy walking distance of the planned transport corridor.
“You’re investing millions (and sometimes billions) in your transportation system,” Freemark said. “If you’re not thinking about land use and density along with that, you’re wasting opportunities.”
You can access Robbie Sequeira from Stateline Reporter rsequeira@stateline.org.
(Stateline) It is a nonprofit news network that is part of the state newsroom and supports a coalition of grants and donors as a public charity of 501C(3). Stateline maintains editorial independence. For questions, please contact editor Scott S. Greenberger. info@stateline.org. )
