Metro seeks dismissal of lawsuit aimed at stopping Nashville MLS stadium plans

Metro attorneys have asked a judge to dismiss a lawsuit that seeks to stop plans for a Major League Soccer stadium at the Fairgrounds Nashville, arguing that the plaintiffs, led by the group Save Our Fairgrounds, do not have sufficient standing to bring the suit against the city.

In a motion to dismiss filed Friday, Metro attorneys also attacked the main argument of the lawsuit by maintaining that plaintiffs lack evidence that the addition of a new MLS stadium and park on the fairgrounds site would prevent existing functions, including an annual state fair, from being held.

"Plaintiffs' lawsuit voices their fears that additional uses that may occur at the fairgrounds will prevent the state fair from being held on the site," Metro's motion reads. "However, these fears are speculative at best. And, there is no indication that additional uses cannot co-exist.

"In addition, the plaintiffs have not met the mandatory jurisdictional prerequisites of showing standing, ripeness, and a private right of action. Nor do they state a claim for which relief can be granted. For all these reasons, the lawsuit should be dismissed."

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The city's motion says Save Our Fairgrounds, led by Rick Williams, failed to present a distinct injury caused by the stadium plans, and does not have standing to bring the suit as a result. Save Our Fairgrounds is joined in the lawsuit by co-plaintiffs former Councilman Duane Dominy and former Metro fair board member Neil Chaffin, but Metro has argued these previous roles do not create a distinct injury either.

In their lawsuit filed against Metro last week, plaintiffs argued both the 27,500-seat, $275 million stadium project and separate plans for a new fairgrounds park would "negatively affect and violate" protected uses outlined in a fairgrounds referendum Nashville voters approved in 2011. These include the the state fair, flea markets, and auto racing. The plaintiffs pointed to the removal of permanent parking as way one in which each event would be hindered.

Nashville is being represented by Metro attorneys Metro attorneys Lora Fox and Catherine Pham, who signed the motion. .

Nashville's MLS investor group, led by businessman John Ingram, will be at the league offices in New York on Wednesday to make their final pitch to bring MLS to Nashville. Nashville is one of four cities in contention for two expansion spots MLS is slated to announce later this month.

Nashville, Sacramento and Cincinnati have each approved public funding toward a soccer-specific stadium, but Cincinnati's proposal is still short the amount requested of its ownership group. Detroit, meanwhile, has proposed the NFL Detroit Lions' Ford Field for MLS soccer.

It's unclear what impact, if any, the pending lawsuit will have on MLS' consideration of Nashville's bid.

Reach Joey Garrison at 615-259-8236, jgarriso@tennessean.com and on Twitter @joeygarrison.