Journal-Times (Grayson, KY)

July 3, 2013

Judge to rule in street lawsuit

By Leeann Akers - Editor
Journal-Times

July 3, 2013 — Carter Circuit Judge Rebecca Phillips is considering oral arguments that took place Monday in a case involving ownership of a street in Grayson.

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

A motion for judgment had been filed in the case. 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 asks the court to declare the ordinance illegal, void, unconstitutional, and invalid.

It also seeks compensation for damages sustained by the plaintiff, attorney fees and costs and other relief to which the plaintiff may appear to be entitled.

Attorneys representing 4th Leaf argued that the ordinance dedicating the property between Taco Bell and the old Farmers Hardware store location was unlawful because it didn’t recognize easement that was already established.

They also argued that no one has right to the land in question except the dominant stakeholders.

Attorneys for the City of Grayson and other interested parties argued that the only question before the court was whether or not the ordinance was enacted properly.

“I have to look at all the case law which has been cited,” Phillips said. “I am not going to agree that the court has to be bound by the city council's legal document. However both parties are right on some respects.”

Phillips said she would review the filed motions and make a ruling. No time frame for her decision was given.

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