A federal judge has dismissed a suit by Lakeview RV Park LLC that sought to enforce its contract to lease the city of Richmond’s Camp Catalpa Park.
Senior Judge Joseph M. Hood on Friday granted the city’s motion to dismiss, citing a clause in the contract that calls for “Any action to interpret or enforce” the lease to be filed “exclusively” in state courts of Madison County.
While the case was dismissed with prejudice, meaning it may not be retried in federal court, Hood’s ruling states the action may be taken to state court.
The city commission voted Feb. 26, 2008, to lease Camp Catalpa to Lakeview RV Park LLC, whose principal owner is Allen D. Grant Jr.
The commissioners voted March 25, 2008, to void the lease after opponents organized and crowded city hall at subsequent meetings to protest the decision.
Lease opponents said the commission voted without reasonable public notice or consultation. They also claimed the action was veiled by opaque wording on the commission’s Feb. 26 agenda that read: “An Order of the City of Richmond Entering into a Net Ground Lease.”
After the commission reversed its decision, Richmond attorney Michael Eaves, who had drafted the lease contract, said it contained no right of rescission on the city’s part.
Lakeview RV Park, represented in federal court by Greenebaum, Doll & McDonald of Louisville, had argued that by rescinding the lease, the city also had voided the clause that limited legal action only to state courts in Madison County.
If that argument was valid, the judge wrote, the vote to rescind also would have voided the entire contract, leaving the plaintiff no grounds on which to sue.
Hood also cited a precedent he said prevents courts from overriding a contract clause limiting venues for legal action unless it is “unreasonable or unjust.”
Because both parties to the suit and the property in question all reside in Madison County, limiting legal action to state courts here is reasonable, he wrote.
Because the contract was agreed to “after months of discussion between the parties” and the limiting clause is in the same typeface as the rest of the contract, the judge stated, the plaintiff cannot claim it to be fraudulent.
The city was represented in federal court by Sturgill, Turner, Barker & Moloney of Lexington.
Bill Robinson can be reached at brobinson@richmondregister.com or at 624-6622.
Local News
Related Photos
-
Supporters and opponents of the City of Richmond’s request to rezone Camp Catalpa and Lake Reba parks waited in March 2008 for the start of a planning commission hearing at City Hall.
Federal judge dismisses RV park suit
- Local News
-
-
‘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. -
Special Olympics return for 18th year at EKU
Next weekend, the Special Olympics Kentucky State Summer Games return to Eastern Kentucky University campus. This is the 18th consecutive year EKU has hosted the event.
The games will be Friday through June 2. About 1,300 athletes will compete this year. -
Assault charges reduced, dismissed by grand jury
Two men arrested in connection with serious assaults had their charges reduced, and in one case dismissed, by a Madison grand jury.
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.
-
Paradise Cove open through Labor Day
Opening day of Paradise Cove Family Aquatic Center coincided with a spike in temperatures Friday which reached 90 degrees. The facility, located in Richmond’s Lake Reba Park, will be open through Sept. 3. Regular hours are 11 a.m. to 7 p.m. Monday through Saturday and 1 to 6 p.m. Sunday.
-
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.
-
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. -
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.
-
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
-
Raw Video: Gay Protest Blocked in Moscow
Vatican in Chaos After Butler Arrested for Leaks
Jimmy Carter Endorses Egypt's Election Results
Biden Addresses West Point Graduating Class
Dozens of Children Killed in New Syria Attack
Raw Video: Activists Allege Massacre in Syria
NJ Man Charged With Murder in Death of Patz
Support, Fun for Kids of Fallen Soldiers at Camp
Fugitive Penguin Caught, Returned to Aquarium
50 Years Later, Underground Fire Still Burning
Light Show Transforms Sydney Opera House
Raw Video: Unruly Passenger Restrained in Miami
Raw Video: Robber Uses Drive-thru Window
Raw Video: Dragon Arrives at Space Station
Calif.'s Coronado Named Nation's Best Beach
CEO Salaries Become Sore Issue in Labor Disputes
