In their responses to a lawsuit by home owners in Stateland subdivision, Richmond Centre developers and a contractor have denied that blasting at the 120-acre site caused damaged to homes across Interstate 75 from the new retail complex.
The responses for developers Crosland LLC of Charlotte, N.C., and Carolina Holdings Inc. of Greenville, S.C., and general contractor Hoar Construction LLC of Birmingham, Ala., were filed by Louisville attorney James Kessinger.
The separate responses are virtually identical.
“The plaintiff’s damages, if any, were caused or substantially affected by cyclical environmental stresses” or a variety of other causes, the responses allege.
They claim that, “human activity stresses, deterioration due to age, lack of appropriate maintenance, inadequate construction, neglect, and/or other naturally occurring conditions,” could have caused or contributed to any damage suffered by the homeowners.
The responses also argue that the plaintiff’s case should be rejected, at least in part, because of their “failure” to take corrective action that might have limited any alleged damage.
Stateland residents have said that cracks appeared in their driveways and the foundations of their homes after blasting to level the 120-acre site on Barnes Mill Road between I-75 and Goggins Lane began in the summer of 2007.
The historic drought of 2007 probably caused soil to recede from the homes’ foundations, and that could have contributed to the cracked foundations that residents reported, Jeff Taylor, director of the Kentucky Division of Explosives and Blasting, said last fall.
He said his representatives had investigated the practices of excavation subcontractor Elmo Greer and Sons of London and found that the charges being shot were within legal limits and conformed to accepted industry standards recommended by the U.S. Bureau of Mines.
“I’m sympathetic to citizens who have suffered damaged, but according to research (done for the U.S. Bureau of Mines), the blasting shouldn’t be damaging those houses,” he said.
Pattie A. Clay suit
In its response to a lawsuit filed by Pattie A. Clay Regional Medical Center alleging that it is being inadequately re-imbursed for treating Medicaid patients, the Kentucky Cabinet for Health and Family Services claims the hospital failed to exhaust administrative remedies before filing suit.
If the suit is not dismissed, the cabinet asked the court to transfer the case to Franklin County, which it claims would be the appropriate venue.
In a paragraph-by-paragraph response, the cabinet makes few attempts to refute the hospital’s allegations. In most instances, the response simply states that the cabinet denies the hospital’s contention or version of the facts.
In other instances, the response simply refers to state or federal statutes or regulations and states they “speak for themselves.”
Bill Robinson can be reached at brobinson@richmondregister.com or at 623-1669, Ext. 267.
Local News
Developers, contractor says blasting did not damage homes
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Judge weighs constitutionality of legislative redistricting
Kentucky’s deadline for filing to run for legislative seats was in flux on Monday because a judge did not immediately rule on a lawsuit challenging the constitutionality of newly redrawn district boundaries.
Franklin County Circuit Judge Phillip Shepherd said he expects to enter a ruling in the case by mid-week.
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Couple recovering from injuries suffered in weekend house fire
A couple was hospitalized after their home was set ablaze Sunday by a spark from a cigar, according to a county fire official.
County Fire Chief Jim Cox said the city and county fire departments were called to the home at 111 Concord Road in the early afternoon. Waco Volunteer Fire Department and the Richmond Fire Department also responded.
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EKU closes dining room at Arlington Clubhouse
A Richmond country club is no longer offering dining to members, but remains available for catered events and will be open on certain holidays.
Arlington Country Club, which has been a staple of Eastern Kentucky University for the past 40 years, laid off all dining staff late last week, according to Tom Coffey of the EKU Foundation.
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Standoff at Super 8 Motel ends peacefully
A bizarre drug-fueled standoff at the Richmond Super 8 Motel ended peacefully with no one hurt, including a child who was in the room with a man that police found wielding two knives.
About 1:53 a.m. Friday, police received a call about a man who was threatening someone with a knife at the motel on North Keeneland Drive, according to Richmond Police Chief Larry Brock.
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Trial for couple accused of human trafficking delayed
The trial for a Berea couple accused of human trafficking involving their daughters has been delayed.
Despite Monday morning television reports that the trial was beginning Monday, it was postponed because the attorneys are not ready to try the case.
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Richmond man charged with child porn possession
(Editor’s note: The following story contains graphic information some readers may find offensive.)
A Richmond man has been arrested for possession of child pornography as a result of a nearly one-year investigation by local police.
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Noted author to deliver keynote address for Black History Month
Almost a year ago, Arnold Rampersad stood in the East Room of the White House as he was presented the National Humanities Medal by President Barack Obama.
On Thursday, Feb. 16, the noted author will stand in O’Donnell Hall of Eastern Kentucky University’s Student Success Building to deliver the keynote address for the university’s Black History Month observance. Rampersad’s visit is also part of Eastern’s year-long Chautauqua lecture series, and the title of his talk, “Black History: The Challenge of Living with Others,” coincides with this year’s Chautauqua theme, “Living with Others: Challenges and Promises.” -
Habitat for Humanity
Habitat for Humanity of Madison and Clark Counties, which has built 160 homes for people in need since 1992, is seeking applicants for partner families, according to Judy Flavell, executive director of the organization.
“We really need applicants right now,” Flavell said. “More people can qualify for Habitat homes than people realize.”
Eligible applicants must have lived in Madison or Clark counties for at least one year, have a stable income, be able to pay a modest monthly mortgage and be able to demonstrate that their current housing is overcrowded, physically substandard, too expensive, unsafe, or they are living in subsidized housing, according to Habitat.
For more information about eligibility, or to apply, call Habitat for Humanity at 625-9208 or visit its office at 1417 East Main Street in Richmond. Visit online at habitatmadisonclark.org. -
Occupational therapy dept. at EKU offers program for adults with memory loss
For local adults who are experiencing memory loss related to dementia or Alzheimer’s, the Department of Occupational Therapy at Eastern Kentucky University has provided “The Place to Be” for the past two decades.
The department will again sponsor the free eight-week program on Thursdays and Fridays, 10 a.m.-2 p.m., beginning Feb. 9. Participants can attend Thursday and/or Friday. Applications still are being accepted (call 893-0653) for the free service, which is offered in Room 100 of the Dizney Building on EKU’s campus. -
Bible Belt towns in state consider going ‘wet’
In this Appalachian college town where socially conservative views are bedrocks of life, some people want to do what was once unthinkable: legalize liquor sales.
Supporters say passing the measure in Tuesday’s special election in Barbourville would tap a new revenue source in a place where hundreds of jobs are evaporating as one plant shuts down and another cuts its workforce in half. But from the pulpits to the courthouse square, opponents have been pressing their case that uncorking liquor sales would irreparably harm the town of about 3,200. - More Local News Headlines
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