IN THE CHANCERY COURT FOR DAVIDSON COUNTY, TENNESSEEPART _____ PHILIP HOSTETTLER,))Plaintiff,)vs.)No. ________________ )METROPOLITAN GOVERNMENT OF)NASHVILLE AND DAVIDSON COUNTY,)TENNESSEE, THE DAVIDSON COUNTY )ELECTION COMMISSION, CHARLIE TYGARD,)J. B. LORING, AND RONNIE GREER, )))Defendants.)COMPLAINT FOR DECLARATORY JUDGMENTAND INJUNCTIVE RELIEFIntroduction

Pursuant to T.C.A.§29-14-101 et seq., Plaintiff submits the following complaint for declaratory judgment challenging the action of the Davidson County Election Commission,(hereinafter, “Commission”) an agency of the Defendant, Metropolitan Government of Nashvilleand Davidson County, Tennessee, (hereinafter, “Metro”), certifying candidates eligible for the“run-off” election for Metro Council “at large” seats. Pursuant to Tenn.R.Civ.P. 65, Plaintiff alsorequest this Court to issue an injunction compelling the Defendants Commission and Metro toeliminate from the candidates for the Davidson County Council “at large” “run-off” election to beheld September 11, 2007 (with early voting beginning August 22, 2007) the Defendants Tygard,Loring and Greer on the basis that Tygard, Loring and Greer are not eligible to participate in saidelection as a result of disqualification by Metropolitan Charter Section 1.07(A). Further, as aresult of the disqualification of Tygard, Loring and Greer, Plaintiff should be placed on the ballot

as a candidate in said “run-off” election.

Parties

1. At all times material to the allegations contained herein, Plaintiff has been a resident of Davidson County, Tennessee. Plaintiff was a candidate for one of the five Metropolitan Council“at large” positions available through an election held on August 2, 2007. Plaintiff received thetenth (10) highest vote total of the twenty-six (26) candidates running.2. The Defendant Metropolitan Government of Nashville and Davidson County (Metro)is a local government entity established by the laws of the State of Tennessee capable of beingsued.3. The Defendant Davidson County Election Commission is established by state lawcharged with the duties of, among other things, monitoring and supervising elections in DavidsonCounty and determining the eligibility requirements of candidates.4. The Defendants Charlie Tygard, J.B. Loring and Ronnie Greer are all residents of Davidson County, Tennessee who have all

currently

served over one term in the MetropolitanCouncil as “district” councilmen.

Jurisdiction

5. Pursuant to T.C.A. §29-14-101 et seq., this Court has jurisdiction to entertain actionsfor declaratory judgments. Further, pursuant to Tenn.R.Civ.P. 65, this Court has the power toissue injunctive relief to compel the Commission to place upon the ballot for MetropolitanCouncil “at large” election to be held on September 11, 2007, the name of Plaintiff as a qualifiedcandidate eligible for said election.

Facts

6. On August 2, 2007, an election was held in Davidson County, Tennessee, in which thevoters of said County expressed their preference as to candidates for numerous offices therein.The offices relevant to the allegations contained herein were Mayor, Vice Mayor, DistrictCouncilmen and Councilmen “at large”.7. The Metropolitan Government of Nashville and Davidson County, Tennessee isgoverned by a legislative body composed of 40 councilmen of which 35 serve individual districtswithin the County while 5 others serve the County as a whole. (Metropolitan Charter Section3.01–see Exhibit A). Their term of office is 4 years. (

.).8. Section 1.07(A) of the Metropolitan Charter (Exhibit B) states:Effective January 1, 1995, no person shall be eligible to serve

in anyelected office

authorized or created by the Charter of the MetropolitanGovernment of Nashville and Davidson County if during the previous two (2)terms

of that office

, the person in question has served more than a single term.Service prior to the passage of this measure shall not count in determining lengthof service. Judges are exempt from this provision. (Emphasis added).9. The intent of the people in approving this “term limits” requirement was to prevent persons from qualifying for office and/or pursuing election for office within the MetropolitanGovernment if they had already been serving within an office more than a single term during thelast 2 terms. This provision does not prevent an office holder from seeking another office after he/she has “sat out” a term.10. Plaintiff has never held an elected office within the Metropolitan Government.Plaintiff qualified and was placed upon the ballot for the 2007 Metro Council “at large” electionheld on August 2, 2007. Plaintiff received the 10

highest vote total of 26 candidates.11. Defendants Tygard, Loring and Greer were also candidates placed upon the ballot for the 2007 Metro Council “at large” election held on August 2, 2007. These Defendants all