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Tuesday, April 26, 2005
Law - Lawsuit filed over Kentucky subdivision
"Lawsuit filed over subdivision: Oldham sewer district against septic systems" is the headline to a story today in the Louisville Courier Journal. Some quotes:
The Oldham County Sewer District wants a court to overturn the county Planning and Zoning Commission's approval of the River Glades subdivision, contending that it should have sewers instead of septic systems.The sewer district filed suit last week in Oldham Circuit Court claiming that the commission's approval violates state regulations because the district has the right to require that the subdivision be on sewers.
The lawsuit states that the sewer district told the planning commission that sewers should be required. * * *
The lawsuit says that the sewer board voted to require River Glades, which is in the district's planning and service area, to have sewers.
According to the lawsuit, state regulations stipulate that no one can install a septic system or replace one if a public or private "treatment works" is available.
River Glades is less than a mile from a sewer system, which meets the state definition for "availability" of sewers, the lawsuit says.
The lawsuit asks the court to overturn the approval of a septic system and requests a temporary restraining order and an injunction to stop the commission or developers from taking action to allow the construction of septic systems.
Posted by Marcia Oddi on April 26, 2005 09:32 AM
Posted to Environment | General Law Related