Appeals court sends annexation lawsuit back to Laurel Circuit Court
May 10—There's a new chapter in the annexation tale of two cities with news that the Kentucky Court of Appeals issued a ruling late last week in the battle between London and Corbin over annexation in the vicinity of Interstate 75's Exit 29.
Corbin originally filed the lawsuit in Laurel Circuit Court back in September 2020 after the London City Council approved the second reading of an ordinance that would see London annex two tracts of land near I-75's Exit 29. The properties in question include the nine-mile corridor from Exit 38 (London) to Exit 29 as well as a second tract at the intersection of the interstate and West Cumberland Gap Parkway owned by G&M Oil Company (which requested annexation into London).
Corbin officials argued that their London neighbors failed to notify them as required by statute due to their ownership of utility infrastructure on Tract 1.
London officials countered that the infrastructure is owned by the Corbin Utilities Commission (CUC), which operates independently of of the city as a special purpose government entity. They further claimed that CUC's interests would not be impacted by the annexation.
CUC and a property owner along Tract 1 known as MPI ultimately joined the lawsuit as co-plaintiffs.
In February 2022, Laurel Circuit Judge Gregory Lay issued a summary judgment in favor of London on the grounds that all three parties lacked standing to object to the annexation.
A panel comprised of Chief Judge Larry Thompson, Judge Sara Walter Combs and Judge Allison Jones issued their unanimous opinion on Friday that while the CUC and MPI lack standing, the question of whether the city of Corbin owns the infrastructure and should have been given 14 days notice is in dispute to the point that it prohibits summary judgment.
The case has thus been remanded back to Judge Lay's court for further litigation.
"We are very pleased with the well-reasoned opinion of the court of appeals. We look forward to the opportunity to fully litigate our case in Laurel Circuit Court," Corbin Mayor Suzie Razmus stated. "We are confident in our position that London's attempted annexation is in violation of Kentucky Law."
London Mayor Randall Weddle, who took office in January and wasn't mayor when the fight began, was more measured in his comments.
"This matter remains in litigation, so not detailed public comment will be made," he said. "London is pleased that the Circuit Court's dismissal of claims of the Corbin Utility Commission and MPI were upheld. We are considering whether to seek review by the Kentucky Supreme Court or to continue litigating the issue of ownership of the waterlines before Laurel Circuit Court pursuant to the remand ordered by the Court of Appeals."
London City Attorney also stressed that two of Lay's rulings were upheld and is leaning toward filing for a Supreme Court review.
"The Court of Appeals' reversal said [the utility ownership] is a factual issue which means if it went back to the circuit court at this or a later stage, all factual issues are resolved by the jury," Bryson explained. "It would be a jury trial on that single issue."
The attorney continued that all other annexations that London has dealt with in the past have involved matters of law to be decided by a judge rather than jury.
"We feel good about it," Bryson said. "The circuit court was affirmed on all of the other issues but that single issue, we're going to take it up with the Supreme Court. Hopefully they will hear it; it's discretionary with them."
