Journal-Times (Grayson, KY)

December 18, 2013

Motion overruled in street ownership case

By Leeann Akers - Editor
Journal-Times

Dec. 18, 2013 — Carter Circuit Judge Rebecca Phillips overruled a motion filed by 4th Leaf, LLC, in its dispute with the City of Grayson.

Attorneys for 4th Leaf and the City, as well as those representing other businesses on and near Carol Malone Boulevard, appeared in court in July to debate the legality of property owned by 4th Leaf being designated as a street by the city.

4th Leaf filed a petition for declaration of rights and other relief as a result of the March 29, 2012, adoption of an ordinance designating Super 8 Lane as a city street.

The complaint asked the court to declare the ordinance illegal, void, unconstitutional, and invalid.

After hearing oral arguments in July, Phillips had asked to hear recordings from the City Council meetings in which the ordinance had been discussed, as well as a transcript of the same for review.

On Nov. 9, Phillips gave both parties 15 days to file further motions after reviewing the transcript.

While the City of Grayson filed a motion indicating certain parts of the transcript for review, 4th Leaf attorney Will Matthews said his firm had not filed in time.

“I didn't anticipate that I would need to file,” Matthew said. “I think there are inaccuracies in their statement and we would like to rebut this...”

“This was to be a simultaneous filing,” Phillips interrupted Matthews. “There are no grounds for supplemental pleading.”

Phillips overruled the motion to file supplemental pleadings. No timetable for her final ruling was mentioned.

Leeann Akers can be reached at lakers@journal-times.com or by phone at 474-5101.