FRANKFORT, Ky. (November 28, 2016) – Representative Jerry T. Miller, R-Eastwood, recently pre-filed a bill aimed to encourage economic growth and to protect property rights by making it more difficult for opponents of development projects to delay in court. In recent years, several important community development projects in the Louisville area have been delayed and many have even been cancelled due to project opponents filing appeals after they have been approved by local planning & zoning commissions and upheld in a court of law.
“This bill seeks to provide fairness for property owners who have navigated a lengthy planning and zoning process and prevailed in Circuit Court,” said Rep. Miller. “Any project that has survived that gauntlet should not suffer further delays by a plaintiffs’ legal efforts without cost to themselves.”
Due to its ability to aid economic growth for communities and local residents, Rep. Miller’s bill has gained significant support from local economic development groups. “Current state law, which allows opponents of development projects to file endless appeals, obstructs economic growth in our Commonwealth and creates logjams in our legal system,” said Kent Oyler, President & CEO of Greater Louisville, Inc. “For years Greater Louisville, Inc. has advocated for legislation placing limits on appeals and we are encouraged by the leadership that Rep. Jerry T. Miller has shown by pre-filing such a bill for the 2017 Legislative Session.”
“Frivolous lawsuits of this nature that are decided against the plaintiffs in Circuit Court, then appealed, only further clutter the court system and cause immense loss to developers, other defendants and stops economic growth,” added Teresa Bridgewaters, President of the Mardrian Group, a Louisville property developer.
“The development rights of landowners and taxpayers must be considered in order for development to occur that benefits the needs of the community and marketplace,” said Jim Urban, Director of Oldham County Planning & Development. “We are glad to see that the decisions of a public process will be upheld and supported with this piece of legislation.”
B.R. 335 has been pre-filed for the 2017 Regular Session, which begins in January.