Oldham-Jefferson county line trial canceled

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By Andrew Henderson

A lawsuit alleging the Jefferson County Property Value Administrator (PVA) moved the county line has reached an agreement, and will not be going to trial in Oldham County.

A copy of the agreed judgment, which was provided to the Era by Oldham County Attorney John Carter, states the county line between Jefferson and Oldham counties will remain as it had been previously determined in the original 1989 survey, and in a survey last year.

The lawsuit alleged the Jefferson County PVA overvalued homes near the Oldham-Jefferson County line and ordered the county line moved when residents fought back.

Judge Karen Conrad remanded the lawsuit on Oct. 2, which removed it from the docket for Oct. 5 when it was originally set to go to trial.

Prospect residents Donald Fulton, Wanda Fulton, Timothy Jones and Michelle Jones, who live on the Oldham-Jefferson county line, are the plaintiffs in the suit. Fulton, a retired attorney, represented the residents.

Fulton has previously said he was motivated by actions he claimed the PVA took against his neighbors.

“They didn’t touch me, but they went after my neighbors to the left and right of me, who are new here and who are young families that did not have the financial resources to take on an organization such as them,” he said. “It’s a fool’s errand to go after the Jefferson County PVA and the Jefferson County Attorney’s Office, but I decided I was that fool.”

According to the court documents, the Jefferson-Oldham county line crossed the properties of the plaintiffs in the case, 8614 and 8616 Westover Drive as was determined by the 1989 survey, and the later 2017 survey.

Documents previously acquired from the Jefferson County PVA via an open records request confirmed the county line has been moved. A memorandum from Aug. 11, 2016 directly references an “acreage change” that the Jefferson County PVA did not discuss with the Oldham County PVA.

The judgment in this case applies only to the Westover Drive properties and “shall not be used to establish the Jefferson-Oldham county boundary line across any other property or as a reference point in establishing said boundary line across any other property.”

During a special meeting of the Oldham County Fiscal Court Oct. 23, the court went into executive session, returned and then passed a motion for Judge-Executive David Voegele to sign an agreement to resolve the county line lawsuit.

“I’m pleased with how it’s come out, and I felt it should be that way from the beginning of the case,” Voegele said.

In a recent interview with the Era, Fulton said the lawsuit was a result of a “misguided venture” by the former Jefferson County PVA. A PVA cannot change the location of the county line on their sole authority.

Fulton said once the Jefferson and Oldham county PVAs were removed from the lawsuit, the remaining parties all agreed that the location of the county line should stay in its legally recognized location.

“To keep things as they are is exactly what we wanted, so it’s a victory,” he said in the most recent interview with the Era.

Fulton declined further comment until the agreed judgment is finalized.

Louisville Mayor Greg Fischer still has to sign the agreement before it can be filed, and before Conrad can issue a ruling.