Glasgow Housing Authority, planning commission seek dismissal of zoning lawsuit
In its motion to dismiss, the Planning Commission argues the lawsuit is premature because the commission only recommends zoning changes and the City Council retains final authority over the request.
GLASGOW, Ky. — The Joint City-County Planning Commission and Glasgow Housing Authority are seeking dismissal of a lawsuit challenging a proposed zoning change for a 75-unit senior housing development on West Washington Street, arguing the case was filed before the Glasgow City Council makes a final decision on the request.
The motions to dismiss were filed Oct. 5 in Barren Circuit Court. The court has scheduled a motion hearing for Oct. 19 at 9 a.m.
Six residents filed the lawsuit after the Planning Commission unanimously recommended Aug. 17 that the property at 318 W. Washington St. be rezoned from R-2 (Medium Density Residential) and OP (Office and Professional) to R-4 (Medium Density Multifamily Residential).
The approximately 2.94-acre property, owned by the Barren County Fiscal Court, contains the former Barren County Health Department and the historic Howard Clinic building.
The proposed development calls for replacing the former health department building with a three-story structure containing 75 one-bedroom apartments for seniors. The Glasgow Housing Authority has agreed to work with Wabuck Development to pursue funding for the project.
Brennan Crain
The lawsuit challenges whether the Planning Commission met Kentucky's legal requirements in recommending the zoning change. The residents have also raised concerns about the development's size, traffic, infrastructure and compatibility with the surrounding historic neighborhood.
In its motion to dismiss, the Planning Commission argues the lawsuit is premature because the commission only recommends zoning changes and the City Council retains final authority over the request. Because the council has not yet acted, the commission contends the dispute is not ripe for judicial review.
The commission also argues that Barren County must be included in the lawsuit because it owns the property and is an indispensable party under state law.
Additionally, the commission contends four plaintiffs — William Franklin Thomason Jr., David Ridings, Jaroline Ridings and Edward Glass — lack standing because they do not own property in the zone where the subject property is located.
Hero Foundation Inc., the applicant behind the proposed development, has also filed a motion seeking dismissal.
The foundation makes similar arguments, asserting that the lawsuit was filed before the City Council took final action on the rezoning request and that Barren County must be included in the case.
The foundation also argues that three plaintiffs lack standing because their properties carry different zoning classifications from the property at 318 W. Washington St.
The motions seek dismissal of the lawsuit on those grounds. The arguments are scheduled to be addressed during the Oct. 19 hearing.
The rezoning request is also expected to go before the Glasgow City Council, which will make the final decision on whether to approve the zoning change.
