Louisville, KY. LAWMAKER WANTS TO LIMIT HOMEOWNERS APPEAL BIG BOX STORES
A state lawmaker in Kentucky wants to make it harder for neighbors of a big box store to oppose unwanted developments are curtailing their access to appeal courts.
Republican State Representative Jerry Miller would still allow neighbors to file a lawsuit in circuit court—but if they lose at that level---he want to force them to come up with a “bond on the estimated cost of the delay to the project,” according to the Courier Journal newspaper.
This could mean a bond costing homeowners tens of thousands of dollars, and would effectively meant that their legal process would be truncated at the circuit court level. The legislation would limit homeowners rights to appeal any development---not just superstores. Meanwhile, developers with deep pockets could appeal a planning board or zoning board hearing as long as they want.
"What it will do is create a cost for someone wanting to use delay as a tactic," Miller said.
Mr. Miller apparently thinks that homeowners' attempts to protect their biggest investment is just "delaying" the rights of developers to ruin residential neighborhoods.
What you can do: If readers think that homeowners should have the same appeal rights as developers, call Jerry Miller at 502-504-8100 and leave this message:
“Mr. Miller—don’t discriminate against homeowners who are fighting billionaire developers or retailers. Appeal rights in the courts should not be based on wealth. Don’t set up a two class system of justice.”
Read more at;