What you need to know:

• A judge dismissed a lawsuit filed by six residents challenging the rezoning of property on West Washington Street in Glasgow.
• The judge cited a procedural issue: the lawsuit failed to name a required party.
• The rezoning would allow a proposed three-story building with 75 one-bedroom apartments for seniors to be developed on the site of the former Barren County Health Department.
• Glasgow City Council tabled the Planning Commission’s recommendation on Oct. 12, citing the litigation.

GLASGOW, Ky. — A citizen lawsuit challenging the proposed rezoning of a West Washington Street property intended for senior housing was dismissed Monday after a judge ruled the court lacked jurisdiction because the property owner was not named as a party.

Six residents filed the appeal Sept. 14, challenging the Joint City-County Planning Commission’s Aug. 17 recommendation to rezone approximately 2.94 acres at 318 W. Washington St. from R-2, or medium-density residential, and OP, or office and professional, to R-4, a medium-density multifamily residential district.

The property is owned by the Barren County Fiscal Court and is the proposed site of Highland Heights, a senior housing development being pursued by Hero Foundation Inc., an organization associated with the Glasgow Housing Authority.

Plans call for a three-story building with 75 one-bedroom apartments for seniors. The development would replace the former Barren County Health Department building and remove existing greenspace and mature trees.

Attorneys for the Joint City-County Planning Commission and Hero Foundation asked the court to dismiss the lawsuit on several grounds.

Judge John T. Alexander said the Fiscal Court’s omission was enough to resolve the case without considering the other arguments.

The residents named the Planning Commission and Hero Foundation as defendants but did not include the Fiscal Court, which owns the property.

“If you do not name all the appropriate defendants, the court doesn’t have jurisdiction,” Alexander said. “That cannot be addressed by amending the complaint to add another party because I don’t have jurisdiction to grant any request to amend the complaint.”

The ruling dismissed the appeal without addressing the residents’ underlying legal challenges to the proposed rezoning. A formal order was expected by Tuesday morning.

The residents filed the appeal without an attorney. Josh Francis, Terryn Francis and Dwayne D. Moseley appeared in court Monday.

What happens to the pending zoning issue?

As of Monday, the proposed rezoning remains before the Glasgow City Council. On Oct. 12, the council voted 7-2 to table the matter, citing the pending lawsuit, and agreed to revisit the proposal once the litigation was resolved.

Attorneys for the defendants had argued that the residents’ lawsuit was premature because the Planning Commission’s recommendation was not the final decision on the proposed zoning change.

However, Kentucky law sets a deadline for local governments to act on zoning map amendments, and a Planning Commission’s recommendation to approve a change can, under certain circumstances, become effective even without an affirmative vote by the City Council.

Under Kentucky Revised Statute 100.211, the council generally has 90 days from the Planning Commission’s final action to take final action of its own. Because the commission made its recommendation Aug. 17, the deadline would fall around Nov. 15, 2026.

The dismissal of the residents’ lawsuit does not mean the rezoning was approved. It also does not resolve whether the council’s decision to table the matter qualifies as final action under state law.

If the council fails to take legally sufficient final action within the statutory period, the Planning Commission’s recommendation could become effective by operation of law.

The proposed Highland Heights development has raised concerns among residents about traffic, building density, infrastructure and the project’s impact on the surrounding neighborhood.

It remains unclear whether they intend to refile the lawsuit.

Statement from citizen group

“We appreciate the Court's time and consideration of this matter.

As everyday citizens navigating a complicated legal process without legal representation, we made a procedural mistake by not naming Barren County Fiscal Court as a party to the lawsuit. The judge dismissed the case on that basis and made clear the dismissal was not a ruling on the merits of our concerns.

We respect the Court's decision and recognize the importance of following proper legal procedures. This outcome; however, does not resolve the questions that led us to pursue this matter in the first place.

We continue to have serious concerns about the due diligence conducted during the planning and zoning process, including whether the full impacts of the proposed development on the Southwest Glasgow Historic District and specifically West Washington St. were adequately considered. These are important questions that deserve thoughtful consideration, particularly when decisions have lasting consequences for a historic neighborhood and the community as a whole.

We are now consulting with an attorney to understand what options may be available and will determine our next steps after reviewing the written order. Regardless of the outcome of this particular lawsuit, we remain committed to advocating for responsible development, transparent decision-making, and the protection of Southwest Glasgow's historic character.”