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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
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.
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Police arrest Richmond man for burglary
An Evansdale Avenue resident has been accused of stealing about $2,662 worth of items from a woman’s apartment, said Larry Brock, Richmond police chief.
The woman told police someone had entered her apartment during the overnight hours of Saturday. Entry was gained through an unlocked window, Brock said. -
Battlefield Park getting pistol belonging to Gen. Nelson’s killer
A pistol that belonged to the Union general who shot and killed Gen. William “Bull” Nelson, Union commander at the Battle of Richmond, is coming to Battlefield Park’s visitors center.
The pistol, a Colt .44, was carried later in the Civil War by Gen. Jefferson C. Davis of Indiana, who killed Nelson during an altercation in the lobby of the Galt House in Louisville after the August 1862 Battle of Richmond. -
BREAKING NEWS: Man sitting on tracks hit, killed by train
An unidentified white man was struck and killed by a train at about 11:19 p.m. on Wednesday.
The man’s body was discovered about a-half mile north of the CSX-owned tracks intersection with Four Mile Road said Larry Brock, Richmond police chief. The man appeared to have been sitting on the tracks in the area of Four Mile Road, Brock said.
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Man who fired ‘warning shots’ pleads guilty
A man accused of shooting at his ex-girlfriend after a physical fight between the two pleaded guilty to lesser charges Wednesday in Madison District Court.
Kevin Carter, 24, of Berea Road, had been charged with first-degree wanton endangerment, but as part of a plea agreement, he pleaded guilty to criminal attempt to commit fourth-degree assault, a Class A misdemeanor.
Had Carter been convicted of the original charge, he could have faced up to five years in prison. -
Republican party hosting open house
The Madison County Republican Party will be hosting an open house today from 5 to 7 p.m. at its new headquarters at 128 Big Hill Avenue (Wallingford Broadcasting building). Many of the local candidates will be available to meet the public and campaign items will be available.
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Increasing access
A rural health clinic soon will be able to serve more people, offer more services and operate longer hours because of grant funding received from Catholic Health Initiatives.
The $398,610 grant will be administered over a three-year period. The cost of the grant is mostly for salaries, according to Katie Heckman, community relations manager for St. Joseph — Berea. -
Emergency sirens to sound Saturday
The bi-monthly test of the Madison County siren, tone alert radio and local emergency notification system will be conducted Saturday, Sept. 4 at 12:20 p.m.
In the event of threatening weather, the test will be canceled.
The system is tested the first Saturday and the third Wednesday of each month.
Local Emergency Alert System radio stations include: WEKY, 1340 AM; WCBR, 1110 AM; WCYO, 100.7 FM; WEKU, 88.9 FM; WKXO, 1500 AM; WLFX, 106.7 FM; and WIRV, 1550 AM. -
Foothills, White House provide school supplies
Kentucky River Foothills and White House Clinic have teamed up to help provide free school supplies to children in Madison and Estill counties.
This is the first year for the program, which was created to help students in need be able to focus more on learning. -
Local SBA disaster loan centers to close
BEREA — The U.S. Small Business Administration (SBA) will close its temporary Disaster Loan Outreach Center in Madison County on Thursday. Another center in Carter County also will close Thursday.
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Some not happy with cemetery conditions
Richmond Cemetery trustee chair Donald Roberts and his predecessor Tom Smith both acknowledged in a Richmond Register interview published that not everyone was happy with cemetery upkeep, but that much progress had been achieved in the nearly 11 years both had been on the board.
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Police arrest Richmond man for burglary
