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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‘She wasn’t just a teacher’ : Lambert retires after 43 years at Berea
Scroll to the bottom of the story to read "Love for Lambert: Berea graduates share memories of their teacher," as well as a list of other Berea retirees this year.
Writer’s Note: Brenda Lambert is the reason I write articles today (Class of 2000).
Years ago, a little blonde-haired girl from Rockcastle County gathered her friends to “play school” in a 10-by-10 foot playhouse her father built.
Even at 12 years old, Brenda Lambert knew she wanted to be a teacher one day.
“I always felt like an old person trapped in a young person's body,” said Lambert, who is retiring after 43 years of service to Berea Community School. -
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Jerry Wayne Edington, 34, of Berea Road, was charged Jan. 19 with second-degree assault after an altercation at the Blue Moon bar on East Irvine Street, according to a Richmond police report. -
Dump of the Day
The Dump of the Day is a recurring series the newspaper publishes to highlight illegal trash piles and push local governments to cite perpetrators and get illegal dumps cleaned up. See Page A7 in Sunday's paper to read a copy of the city’s ordinance related to trash pickup.
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Dump of the Day
An old mattress, a car seat and other debris sit Friday afternoon on North Street between Fourth and Fifth Streets where it was first spotted Thursday. The “Dump of the Day” is a recurring series the Richmond Register publishes to highlight illegal trash piles and push local governments to cite perpetrators and get illegal dumps cleaned up. See Sunday’s Richmond Register to read a copy of the city’s ordinance related to trash pickup.
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Undefeated academic team brings pride to Madison Middle School
Madison Middle School 6th and 7th grade academic teams have been undefeated for the last two years.
The 8th grade team also has done well, having some students qualify to compete at the state level. -
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A Berea woman used a kitchen knife to fend off an alleged burglar early Wednesday morning, and police say they were able to catch the man in the act.
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Man is indicted on additional sex charge involving teen in 1998
A man already accused of sex abuse in November 2011 has been indicted on a charge of first-degree rape involving a child in 1998.
Charles W. Peyton, 63, of East Irvine Street, was indicted Wednesday by a Madison grand jury. He used “forcible compulsion” to have sexual intercourse with a 14-year-old girl between March 1 and May 1 in 1998, according to the indictment. -
Woman fends off burglar with knife
A Berea woman used a kitchen knife to fend off an alleged burglar early Wednesday morning, and police say they were able to catch the man in the act.
Officers responded to a call in the 1000 block of Scaffold Cane Road about a man trying to break into a home, according to a release from BPD Public Information Officer Jake Reed. - More Local News Headlines
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