London City Council votes to end lawsuit over Exit 29

Oct. 3—LONDON — In an unexpected move, London City Council voted to end the lawsuit over the Exit 29 annexation.

The matter was brought up during last month's meeting by Councilman Kip Jervis, to end the lawsuit. No action was taken then.

However, the issue was discussed during an executive session on Monday night with Jervis again making the motion to drop the lawsuit.

"What do you mean by dropping it?" asked City Attorney Larry Bryson.

"I mean not move forward with it," Jervis replied.

Council member Kelly Greene seconded that motion.

However, when the council members were polled, Donnie Philpot, Holly Little and Justin Young said no, with Stacy Benge, Jervis and Greene voting yes.

"Well, well," Benge said as silence encroached the council meeting chambers.

With a split vote, that left London Mayor Randall Weddle to cast the deciding vote.

After several minutes of silence, Weddle spoke.

"I vote yes," he said.

That will end the saga of the Exit 29 annexation that runs along I-75 from Exit 38 in London to Exit 29 in southern Laurel County — an annexation that was passed by the former city council and former Mayor Troy Rudder.

Corbin leaders quickly jumped launched a lawsuit against the City of London, claiming that they were not given proper notice of the action and that the utilities on that portion of property belonged to the City of Corbin.

At the time of the initial annexation process, property owners along Exit 29 wished to develop that space and wished to be in city limits so they could bring in restaurants and businesses that could serve alcohol. State law at that time prohibited cities located in two counties to annex into a third. Corbin fit that description, with part being in Knox County and part being in Whitley County.

London's annexation included the roadways on each side of Interstate 75 from Exit 38 to Exit 29, along KY 770 on the right side Exit 29 and along Cumberland Gap Parkway to the intersection of U.S. 25 and U.S. 25-E. The annexations of businesses along those areas was on a voluntary basis, meaning those businesses wishing to be a part of the City of London could request to be included. Those wishing not to be a part of London's City Limits could decline.

The lawsuit filed against the City of London by the City of Corbin was initially ruled in London's favor by Laurel Circuit Judge Gregory Lay. However, Corbin appealed with a Kentucky Court of Appeals panel ruling last spring that the summary judgment was premature and sending the case back to the circuit level.

London officials sought to have the Kentucky Supreme Court take up the case but online court records indicate that a discretionary review was denied on September 25.

As the case wended its way through court, Senate President Robert Stivers presented a bill to allow cities to annex into three counties. That bill made it possible for Corbin to annex into three counties — thus making it possible for Corbin to annex into that area.

Little said explained her stance on her no vote to the issue.

"I'd like to see the City of London work with Corbin and see if we can work it out and if not, then move forward," she said.

"We're on a hamster wheel and we've been on it for some time," Jervis responded.

"I'd just like to have some negotiations," Little added.

That's when Weddle voiced his vote, which will stop the lawsuit.

The City of Corbin has already begun its annexation into Laurel County, through the new law that will allow Corbin to annex that area.

The area remains in southern Laurel County, meaning that businesses in that area will continue to pay Laurel County's 1% occupational tax.