No Decisions Made in First Hearing in Urban Service Boundary Lawsuit

[Wandering Eyes]

The first hearing in the lawsuit filed by the Fayette Alliance against the Lexington, Kentucky Urban County Council over the Urban Service Boundary's produced no decisions at the October 5 meeting; instead, both parties were asked to file additional briefs over the next two weeks. The news is according to a press release distributed by the Fayette Alliance.

The Fayette Alliance is alleging that the Council's decision to expand Lexington's Urban Service Boundary–a circular boundary around the downtown designed to protect Kentucky farmland–was not legal. The Alliance clams that the decision, “violated the Kentucky statutes governing the drafting of comprehensive plans, which require that those plans be based on data, research and analysis.” Moreover, they say, “the decision defied historical precedent, which is clear that any decision to expand the USB in the past has been made by the Planning Commission.”

Attorneys for the city of Lexington have filed a motion to dismiss the case, arguing that since the formal re-zoning has not yet taken place, the Alliance does not have the right to pursue litigation.

The Alliance said that the planning commission will be discussing recommendations on which of the five proposed areas might be rezoned for construction at a meeting Thursday, Oct. 19 at 1:30 p.m. in the Phoenix Building at 101 East Vine Street in Lexington. The meeting is open to the public.

Those interested in providing public input to the Planning Commission may do so on Imagine Lexington's Urban Growth Management website.

 

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