Lobbying Affiliate: MML&K Government Solutions

Kentucky Court of Appeals Reverses Prior Order

Practice Areas

September 15, 2017

In a reversal of the trial court’s prior Order, McBrayer client Justin Moore won an appeal today relating to his property on Deer Haven Lane in the Polo Club neighborhood of Lexington.  LFUCG initially prevailed in the face of Moore’s claim that LFUCG did not have the right to take a portion of his property in the form of a permanent easement.  LFUCG claimed the easement was needed for a public improvement project, namely the extension of Polo Club Boulevard.  The proposed easement would consume a significant portion of Moore’s property, rendering that area virtually useless to him.  Regardless, Moore would be left with liability for injury or accidents that occur on the property. Negotiations with Moore requesting LFUCG to purchase the property outright rather than taking a permanent easement were not successful, and the city began condemnation proceedings.

The Kentucky Court of Appeals reversed the trial court in a 17-page opinion, agreeing with the property owner that LFUCG abused its discretion in the condemnation and that such a taking is more suited to the outright purchase of the property as opposed to the imposition of a permanent easement. McBrayer attorney Jon A. Woodall, who represents Moore, stated, “We’re pleased with the Court of Appeals’ opinion on behalf of Mr. Moore in this case of first impression. In this case, the requested easement would have deprived Mr. Moore of the use of his property while leaving him with personal liability and other burdens associated with ownership. Mr. Moore is entitled to just compensation for the taking of his property, plain and simple. With growth comes the responsibility to respond to the concerns of local property owners who are asked to directly bear the financial burdens associated with such growth.  We hope this appellate judgment will support other local residents with similar concerns.”  McBrayer attorney Brendan Yates also represented Mr. Moore.

To read this opinion, click here.

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