Circuit Court Grants Summary Judgement For ‘Citizens For Progressive Growth’ In An Action Filed Against P&Z
Judge Jeremy Mattox, signed the order on January 14 of summary judgment in favor of Citizens for Progressive Growth in a lawsuit against Bourbon County Planning and Zoning Commission. The decision stated in part, “genuine issues of material fact do not exist in this action, Plaintiff is entitled to judgment as a matter of law.”
The action and complaint from the Citizens for Progressive Growth began in 2004 in an appeal against the 2004 Comprehensive Plan. The issue centered on the fact that the Comprehensive Plan’s allocation for residential growth exceeded the projected growth rate. The Court ordered in 2007 that the Defendant, P&Z, amend the 2004 plan to comply with the statute.
More recently, Citizens group complained that the 2017 Comprehensive Plan still had not complied with the 2007 Order and allocated residential growth that exceeded projected growth.
Based on published research the county is projected to decline in population in the next 15 years.
The Citizens group argued that the P&Z Comprehensive Plan, 2017, had omitted language that limited growth rate language and added some 1049 acres to allocation of residential land despite a projected decline in population growth rate.
Andrea Lacy, Exec. Dir., Planning and Zoning said that the P&Z Board had at least two choices, appeal the decision or accept it. A special called meeting of the Planning and Zoning Board has been called for February 6th at 6:30 at the City Building. An executive session of the Board will be called at that time to discuss the litigation and consider a response that could be announced at the conclusion of the executive session.
Mary Clay, member, Citizens for Progressive Growth commented, “The comprehensive plan, which guides growth and development, needs to be based on reality and not fantasy. Specifically, Paris needs a working and realistic Urban Service Boundary to guide growth by indicating what lands adjacent to Paris can be served efficiently and economically by sewers, police and fire protection.”