Tennessee’s top elected officials have asked a three-judge panel to throw out a lawsuit challenging a state law that removed and replaced Chattanooga Airport board members appointed by Chattanooga Mayor Tim Kelly.
The city and Chattanooga Metropolitan Airport Authority do not have standing to challenge the state law, argued Tennessee Attorney General Jonathan Skrmetti in the motion to dismiss filed earlier this month.
Gov. Bill Lee signed a bill into law in May that provides the governor, lieutenant governor and speaker of the Tennessee House two appointees each on airport boards across the state. The remaining three appointees to the nine-person boards belong to mayors under the law.
The city of Chattanooga and the former board of the Chattanooga Metropolitan Airport Authority sued Lee, Lt. Gov. Randy McNally and Tennessee House Speaker Cameron Sexton in their official capacities in June. The plaintiffs alleged the state had taken control of the airport board from the city in violation of the state’s constitution.
(READ MORE: Mayor’s Chattanooga Airport board bemoans slow legal challenge to state takeover)