STAFF REPORT
Glasgow News 1
Barren County Circuit Judge John T. Alexander dismissed a lawsuit challenging proposed rezoning at 318 W. Washington St. Alexander ruled that the court lacked jurisdiction because the residents did not name the property owner, Barren County Fiscal Court, as a defendant, according to court records.
The dismissal does not deal with the rezoning question, nor does it address the concerns of the six residents who filed the lawsuit.
The residents filed suit Sept. 14 against the Joint City-County Planning Commission and Hero Foundation Inc., challenging the commission’s Aug. 17 rezoning recommendation. The proposal would change approximately 2.94 acres from R-2, medium-density residential, and OP, office and professional, to R-4, medium-density multifamily residential.
Hero Foundation, the nonprofit arm of the Glasgow Housing Authority, is pursuing Highland Heights on the property. Plans call for a three-story building with 75 one-bedroom apartments for seniors, replacing the former Barren County Health Department.
Attorneys for the commission and Hero Foundation sought dismissal on several grounds. Alexander said the omission of the fiscal court was sufficient to resolve the case without considering their other arguments.
“If you do not name all the appropriate defendants, the court doesn’t have jurisdiction,” Alexander said. He said that lack of jurisdiction also prevented him from allowing an amendment to add another party.
The Glasgow City Council voted on Oct. 12, 7-2, to table a vote on rezoning the property because of the pending lawsuit. The council could reconsider the rezoning at its next meeting, Monday, Oct. 26. They agenda for that meeting has not been set as of Thursday afternoon.
Key Facts:
– Six residents filed the lawsuit Sept. 14.
– Barren County Fiscal Court owns the property at 318 W. Washington St.
– Highland Heights would include 75 one-bedroom apartments for seniors.
– Alexander dismissed the lawsuit on jurisdictional grounds Oct. 19.
– Glasgow City Council tabled the rezoning 7-2 on Oct. 12.
What’s Next:
The council’s next consideration date was not provided. Under Kentucky Revised Statute 100.211, the council has 90 days from the commission’s approval to take final action, placing the deadline around Nov. 15.
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