The city of Richmond has filed a motion seeking to dismiss a $12 million suit filed against it by Lakeview RV Park LLC over a disputed lease to Camp Catalpa.
The 22-page motion, filed Thursday in Madison Circuit Court, asks Judge Jean C. Logue to dismiss the suit against the city, commissioners Bill Strong, Mike Brewer and Robert Blythe and former Commissioner Kay Cosby Jones.
Cosby and the commissioners are being sued both in their official capacity and as individuals for their actions in granting and then rescinding a lease between the city and Lakeview, which is principally owned by Allen D. Grant Jr., for the Camp Catalpa property.
The lease was authorized Feb. 26, 2008, but commissioners voted one month later in the face of public opposition to cancel the lease, despite there being no clause in the lease which permitted the city to rescind the agreement.
The lawsuit alleges the commissioners met illegally before the March 25, 2008, vote to discuss rescinding the lease.
The city’s dismissal motion argues that claims against the commissioners should be dismissed under the doctrine of absolute immunity because “all actions undertaken to control and manage the city’s affairs are clearly statutorily authorized and legislative in nature.”
The motion also argues that the commissioners are protected from the suit by the legal doctrines of qualified immunity and official qualified immunity, which would bar a suit from being filed based on the commission’s actions.
The motion cites a state law which it argues protects the city as a whole from being sued for “discretionary acts,” or decisions made based on the judgment and opinion of officials.
As an alternative to a complete dismissal, the motion argues that at most, the suit should be allowed to continue only for breach of contract between Lakeview and the city, and be limited to contractual damages.
Lakeview initially had filed a suit in U.S. District Court in Lexington claiming the city’s actions had violated due process and constituted a breach of contract and tortious interference, but that suit was dismissed in September because of a clause in the lease which restricts legal actions regarding the lease to Madison County courts.
The suit filed in Madison Circuit Court also contains the due process and tortious interference claims, and seeks compensatory and punitive damages as well as legal fees and court costs.
The motion is scheduled to be heard Thursday, Dec. 10 at 9 a.m.
Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.
Local News
City seeks dismissal of Catalpa suit
- Local News
-
-
Measuring education
Brent Ray, a local contractor, helps Kit Carson Elementary third-graders Nathan Buck and Anijah Rembert measure an outside wall Thursday morning during a class project to determine the perimeter of the school. The third-grade class broke into groups to measure sections of the outside walls which they used to find the perimeter.
-
Kiwanis auction Saturday at City Hall
The annual Richmond Kiwanis Club auction will take place Saturday from 9 a.m. until about 5 p.m. with proceedings carried live on TimeWarner Cable Channel 12 and WEKY 1340 AM Radio.
“We have lots of great stuff, as we always do,” said Amanda Stepp, the auction coordinator.
“We have gift cards for almost every restaurant in Richmond as well as two pickup trucks that will be sold,” she said. -
Man pleads guilty to voyeurism charge
A man accused of taking pictures of a woman showering at a Berea truck stop was sentenced to probation Wednesday in Madison District Court.
Paul S. Byrd, 41, of McKee, was arrested Oct. 29 by the Kentucky State Police after a woman reported the incident at the 76 Truck Center off Interstate 75. -
Berea one of state’s first five cultural districts
The Kentucky Arts Council on Thursday named Berea one of the state’s first five certified cultural districts.
Although the legislature designated Berea the state’s Arts and Crafts Capital in the 1990s, this newest designation will draw even more attention and tourism to the city, said Belle Jackson, Berea’s tourism director. -
LRC plans to appeal judge’s HB1 ruling
The leadership of the General Assembly announced Thursday it plans to appeal Franklin Circuit Judge Phillip Shepherd’s ruling that the legislature’s plan to re-draw state legislative boundaries is unconstitutional.
-
Facebook post leads to arrest
A post on the Richmond Police Department’s Facebook page led to the arrest of a man suspected of stealing two Blu-Ray players from Walmart.
Walmart employees reported to police Jan. 25 that a man had concealed the electronics under his coat and attempted to leave the store without paying, said Richmond Police Chief Larry Brock in a news release. -
Four indicted in Berea murder case
The death of a Berea man and the attempted murder of another came at the hands of four people, according to indictments handed down Wednesday by a Madison grand jury.
-
Friday at library : Lecturer to portray founder of Berea
John G. Fee, abolitionist and founder of both Berea and Berea College, will be portrayed Friday night by performer Obadiah Ewing-Roush as part of Kentucky Humanities Council Chautauqua performance series at the Madison County Public Library. There is no charge to attend the 7 p.m. event.
As the son of a slave-holding father, Fee witnessed firsthand the benefits of having slaves and the profits that could be made from their labor. When he graduated from college and enrolled in Lane Theological Seminary, he began to understand the inherent wrong and destructiveness of slavery. -
Berea woman dies Tuesday in Laurel County crash
A Berea woman, Tommie Johnson, 60, died Tuesday evening in a Laurel County crash, according to the the Laurel Sheriff’s Office.
The accident took place about 7 p.m. at the junction of Maple Grove Road and KY 363 south of London, as Johnson was attempting to turn onto the state highway.
Laurel County Chief Deputy Eddy Sizemore said Johnson’s Chevrolet Cavalier pulled out in front of a Dodge Durango driven by Charles Joseph, 19, that was traveling south on KY 363.
After being extricated from her vehicle, Johnson was transported to St. Joseph-London hospital, where she was pronounced dead.
Joseph also was transported to the hospital, where he was treated for minor injuries, according to the accident report. -
Finally February
Ian Rosser, an Eastern Kentucky University student from Lexington, clears snow from his car parked on campus Wednesday
morning after about an inch of snow fell in Richmond. Temperatures are forcast to be in the upper 40s today. Kentucky has seen a lot of rain in the past few months, as was predicted by the Farmer's Almanac, but very little snow has fallen. - More Local News Headlines
-
Denver's Largest-Ever Drug Bust Nets Dozens
Marines: No Punishment for Nazi-like Flag
Vets Look to Translate Military Skills Into Jobs
Expert: Removing LA School's Staff 'Appropriate'
Raw Video: School Bus Burst Into Flames
LA School Reopens Amid Sex Abuse Scandal
$25B Settlement Reached Over Foreclosure Abuses
Pentagon: Allow Women Closer to Front Lines
Obama Gives Education Waivers to 10 States
Giffords Aide to Run for Her Seat
LA School in Sex Abuse Scandal Reopens
Winter Slamming North Asia, Parts of Europe
Syrian Forces Renew Bombardment of Homs
States, Banks Reach Foreclosure-abuse Settlement
Raw Video: Italy's Mount Etna Bursts Into Life
Greeks March; Angry Despite Debt Deal
Raw Video: U.S. Pullout Celebration
Raw Video: Annual Empire State Building Run-Up
Man Killed in Courthouse Shootout
Air Force Airlines: Leaders Get Polished Service
