Journal-Times (Grayson, KY)

August 16, 2013

Flood suit plaintiffs ask for ruling

By Leeann Akers - Editor

Aug. 16, 2013 — A lawsuit involving several businesses and individuals who were flooded in Olive Hill during 2010 will be back in court on Monday.

Attorneys Mike Fox and Reid Glass filed several motions in the case Friday asking the Court to strike’s the city’s pleading in the case. 

A motion hour will be held Monday at 1 p.m.

According to the first motion, the City of Olive Hill has failed to produce documents that have been requested by the plaintiffs. 

The first set of interrogatories (a series of questions) and requests for production of documents was filed in November 2012.

In May 2013, both parties entered an agreed order requiring the city to produce the documents and answer the interrogatories.  However, the plaintiffs have not received any answers or documents.

Fox and Glass claim that by failing to respond, the city is purposefully refusing to comply in an effort to delay the proceedings.  

The plaintiffs ask that the court impose sanctions on the city by striking its pleadings in this case. 

If Judge Rebecca Phillips were to strike the city’s pleading, it would essentially mean that that the suit would be ruled in favor of the plaintiffs. 

The next step would be oral arguments on the amount of damages to be awarded. 

As an alternative, Fox and Glass ask that the city be required to pay reasonable attorney fees for its failure to comply with the court’s order. 

In five separate motions filed on Friday, the plaintiffs ask the court to enter an order giving several other entities listed as defendants 10 days to answer and respond to interrogatories and requests for production of documents.

Kentucky League of Cities Insurance Services Association, Kentucky League of Cities, Inc., Kentucky League of Cities Insurance Agency, Inc., and Collins & Company, Inc. were given a first set of interrogatories and requests for production of documents in March. The order was filed in Circuit Court on March 27.

Kentucky League of Cities, Inc., was given a second set of interrogatories and request for production of documents in April, filed April 16. 

According to the original complaint filed in April 2012, the property owners claimed the City of Olive Hill failed to properly maintain its sewage and/or storm water drainage systems which were a major factor in causing the floods of May 2, 2010, and July 21, 2010.

They also said the city excavated dirt, rock and sediment from in and around the Tygart’s Creek channel in 2003 which altered the flow of water and added to the downtown flooding.

Leeann Akers can be reached at or by phone at 474-5101.