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An attorney representing opponents of a planned Crestwood subdivision on says he plans to file multiple lawsuits in a last-minute effort to thwart construction of the 345-home development.
Shortly after Oldham planning and zoning commission on Tuesday ratified an agreement it made in 2008 for the construction of Brentwood subdivision — a planned community situated between Briar Hill and Spring Hill subdivisions – attorney Michael Tigue said he would file as many as three motions to appeal the board’s decision.
He said a ruling could force developer, Oldham Farms, to restore the site to its original use.
“What’s happened today is nonsensical, “ said Tigue, who urged planning officials to hear further testimony before ruling on the case. “What they did was meaningless. The injury is irreparable.”
Planning and zoning chairman Kevin Jeffries denied further comments on the case, which was publicly discussed in June 2008.
Officials voted 10-0 to advance construction of the development.
“The vote wasn’t surprising,” said Brentwood opponent Sheri Betz, who lives in the neighboring subdivision of Spring Hill. “But it’s not over yet.”
Betz hopes an appeals court will resuscitate the Brentwood battle.
She and neighbors believe the development will spur congestion, as well as cause drainage concerns for hundreds of new and existing households in the area.
“It’s not that we don’t want any development there,” said Anna Carper, who also lives in Spring Hill. “It’s just the total lack of planning.”
Since construction crews installed connector roads earlier this year, motorists have begun using Clore Lane and other narrow side streets as a bypass to Ky. 329, Carper said. She said residential streets would become over-capacitated if an accident forced motorists to detour from nearby Interstate 71.
“It’s a safety issue,” Carper said.
Spring Hill resident Kristen Shaheen said work crews at the Brentwood development site have showed “utter disrespect” to those in the surrounding area.
Heavy blasting from construction rattled several homes in the area during the initial construction phases, she said.
“Sometimes they’d blast as late as 7:30 p.m.,” Shaheen said.
The aftershocks loosened bricks at some properties, she said.
First proposed in 2004, the fate of Brentwood has been in a legal limbo.
Despite meeting the county’s subdivision requirements, a judge found discussions and approval surrounding Brentwood violated state open-meetings law because neighbors weren’t adequately notified.
An Oct. 29 ruling by Oldham Circuit Court Judge Karen Conrad effectively voided the commission’s approval of the subdivision and sent the matter back to the commission.
While courts debated the legal merits of the case, Brentwood work crews forged ahead with construction. Much of the infrastructure has been already laid.
Three members of the planning and zoning commission – Sam Crass, Richard Morris and Joe McWilliams abstained from the vote.
Commissioner Jan Horton recused himself and said a family member made a financial contribution regarding the case’s legal expenses.
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