An organization representing the homebuilding industry in Lexington is suing a government panel over the city’s long term plan to determine where development occurs. The legal action is not related to the traditional debate over where to draw the line for residential and commercial development.
The Building Industry Association of Central Kentucky is taking legal action against the Urban County Planning Commission. BIA Attorney Bill Lear said the adopted comprehensive plan goes too far in what it requires of builders even within the urban service boundary.
“Under state law that’s very fixed and limited and this plan would propose to go far, far beyond that,” said Lear.
Lear said the comprehesive plan includes undefined, subjective requirements related to development. City Spokesperson Susan Straub says the city doesn’t comment on pending litigation.
The Fayette Alliance is a coalition of citizens dedicated to achieving sustainable growth in Lexington-Fayette through land use advocacy, education, and research. Alliance Executive Director Brittany Roethemeier said her group backs the plan.
“The Fayette Alliance strongly supports the 2018 comprehensive plan and the process that’s undertaken to complete the plan. We have no further comment at this time, but will provide additional comments at a later date,” noted Roethemeier.
When asked if it will be a long drawn out court process, Lear responded, “I won’t predict.” The building association is asking a judge to stop implementation of the comp plan until the matter is resolved in court.?
