No.

__________________________

JEFFERSON CIRCUIT COURT DIVISION _________________

TUCKER STATION NEIGHBORHOOD ASSOCIATION, INC. 2406 Tuc !" S#$#%o& Ro$' Lou%()%**!, K+ 402,, EILEEN $&' DAVID KAELIN 242- Tuc !" S#$#%o& Ro$' Lou%()%**!, K+ 402,, PATTIE B. $&' THO.AS .. READ -2,0/ R!0* Ro$' Lou%()%**!, K+ 4020,, JANET A. $&' 1ALLACE 1A+NE BACK.AN -2,0- R!0* Ro$' Lou%()%**!, K+ 402,, RITA $&' JOHN HA+ES -2,02 R!0* Ro$' Lou%()%**!, K+ 402,, S+LVIA F. $&' GREGG A. ROGERS -/00/ R!0* Ro$' Lou%()%**!, K+ 402,, JANICE $&' PAUL S.ITH -/004 R!0* Ro$' Lou%()%**!, K+ 402,, DORIS A. $&' JOHN R. FOSTER -/0-0 R!0* Ro$' Lou%()%**!, K+ 402,, .ARTHA $&' CHESLE+ F. 1HEELER -2,04 R!0* Ro$' Lou%()%**!, K+ 402,, C+NTHIA J. $&' DOUGLAS A. 1EAVER 2203 Tuc !" S#$#%o& Ro$' Lou%()%**!, K+ 402,,

PLAINTIFFS

FRANCES APRILE -2404 T$4*o"()%**! Ro$' F%(0!")%**!, K+ 4002/ CATH+ $&' .IKE FAR.ER -2-00 O*' T$4*o"()%**! Ro$' F%(0!")%**!, K+ 4002/ FLO+DS FORK ENVIRON.ENTAL ASSOCIATION INC. P.O. Bo5 ,-04Lou%()%**!, K+ 402,1OLF PEN PRESERVATION ASSOCIATION, INC. P.O. Bo5 42 H$""o'( C"!! , K+ 40026 OPEN LOUISVILLE, INC. 2406 Tuc !" S#$#%o& Ro$' Lou%()%**!, K+ 402,, NEIGHBORHOOD PLANNING AND PRESERVATION, INC. -2, B!**$%"! A)!&u! Lou%()%**!, K+ 40206 ). CO.PLAINT DEFENDANTS

LOUISVILLE7JEFFERSON COUNT+ .ETRO GOVERN.ENT 226 1!(# J!88!"(o& S#"!!# Lou%()%**!, K+ 40202 S!")!9 G"!: F%(c0!", .$4o" 226 1!(# J!88!"(o& S#"!!# Lou%()%**!, K+ 40202 .A+OR GREG FISCHER .$4o", Lou%()%**!7J!88!"(o& Cou&#4 .!#"o Go)!"&;!&# 226 1!(# J!88!"(o& S#"!!# Lou%()%**!, K+ 40202

THE LEGISLATIVE COUNCIL OF LOUISVILLE7JEFFERSON COUNT+ .ETRO GOVERN.ENT 60- 1!(# J!88!"(o& S#"!!# Lou%()%**!, K+ 40202

S!")!9 J%; K%&:, P"!(%'!&# 60- 1!(# J!88!"(o& S#"!!# Lou%()%**!, K+ 40202 LOUISVILLE AND .ETRO PLANNING CO..ISSION 444 Sou#0 F%8#0 S#"!!#, Su%#! /00 Lou%()%**!, K+ 40202 S!")!9 Do&&%! B*$ !, C0$%" 444 Sou#0 F%8#0 S#"!!#, Su%#! /00 Lou%()%**!, K+ 40202 HOSTS DEVELOP.ENT, LLC P.O. Bo5 6/63 Lou%()%**!, K+ 40226 S!")!9 Jo0& P. Ho**!&<$c0 --00- B*u!:"$(( P$" =$4, Su%#! 260 Lou%()%**!, K+ 402,, GREGOR+ OAKLE+ P.O. Bo5 6/63 Lou%()%**!, K+ 40226 GREG OAKLE+ 7 JOHN HOLLENBACH P.O. Bo5 6/63 Lou%()%**!, K+ 4022, SET>ER PROPERTIES >ELO, LLC 323 Co&#"$c# S#. L!5%&:#o&, K+ 40202 S!")!9 B"!## T. S!#?!" 323 Co&#"$c# S#. L!5%&:#o&, K+ 40202 BRETT SET>ER 323 Co&#"$c# S#"!!# L!5%&:#o&, K+ 40202 * * * * * * *

Come the Plaintiffs by counsel, and, for their Complaint, state as follows: PARTIES

1. The Tucker tation !ei"hborhood #ssociation, $nc. %hereinafter T !#& is an or"ani'ation of residents and property owners who li(e and)or own property in the area known as the Tucker tation nei"hborhood of *ouis(ille +etro. 2. ,ileen and -a(id .aelin are *ouis(ille +etro residents and property owners who li(e at 2/21 Tucker tation 0oad in the Tucker tation nei"hborhood. 3. Pattie 1. and Thomas +. 0ead are *ouis(ille +etro residents and property owners who li(e at 12233 0ehl 0oad in the Tucker tation nei"hborhood. /. 4anet #. and 5allace 5ayne 1ackman are *ouis(ille +etro residents and property owners who li(e at 12231 0ehl 0oad in the Tucker tation nei"hborhood. 6. 0ita and 4ohn 7ayes are *ouis(ille +etro residents and property owners who li(e at 12236 0ehl 0oad in the Tucker tation nei"hborhood. 8. yl(ia 9. and :re"" #. 0o"ers are *ouis(ille +etro residents and property

owners who li(e at 13333 0ehl 0oad in the Tucker tation nei"hborhood. ;. 4anice and Paul mith are *ouis(ille +etro residents and property owners who li(e at 1333/ 0ehl 0oad in the Tucker tation nei"hborhood. <. -oris #. and 4ohn 0. 9oster are *ouis(ille +etro residents and property owners who li(e at 13313 0ehl 0oad in the Tucker tation nei"hborhood. 2. +artha and Chesley 9. 5heeler are *ouis(ille +etro residents and property owners who li(e at 1223/ 0ehl 0oad in the Tucker tation nei"hborhood. 13. Cynthia 4. and -ou"las #. 5ea(er are *ouis(ille +etro residents and property owners who li(e at 223< Tucker tation 0oad in the Tucker tation nei"hborhood.

11. 9rances #prile is a *ouis(ille +etro resident and property owner who li(es at 16/3/ Taylors(ille 0oad in the 9isher(ille nei"hborhood. 12. Cathy and +ike 9armer are *ouis(ille +etro residents and property owners who li(e at 16133 =ld Taylors(ille 0oad in the 9isher(ille nei"hborhood. 13. The 9loyds 9ork ,n(ironmental #ssociation $nc. %hereinafter 99,#& is a .entucky non>profit corporation dedicated to protectin" and preser(in" 9loyds 9ork and its watershed and to responsible, le"itimate plannin" and 'onin" decisions. 99,# worked for passa"e of the ori"inal le"islation which limited de(elopment interests to four members of the Plannin" Commission, leadin" to the current .0 133.13;%2&. 1/. 5olf Pen Preser(ation #ssociation, $nc. %hereinafter 5PP#& is a .entucky non>profit corporation dedicated to preser(in" the 5olf Pen branch nei"hborhood and other similar nei"hborhoods and to responsible, le"itimate plannin" and 'onin" decisions. 16. =P,! *ouis(ille, $nc. %hereinafter =P,!& is a .entucky non>profit corporation dedicated to open "o(ernment, historic preser(ation, protection of the en(ironment and nei"hborhood preser(ation and to responsible, le"itimate plannin" and 'onin" decisions. 18. !ei"hborhood Plannin" and Preser(ation, $nc. %hereinafter !PP& is a .entucky non>profit corporation dedicated to preser(in" nei"hborhoods and to responsible, le"itimate plannin" and 'onin" decisions. 1;. *ouis(ille)4efferson County +etro :o(ernment %hereinafter *ouis(ille +etro& is the consolidated local "o(ernment a"ency for all of 4efferson County, .entucky.

1<. +ayor :re" 9ischer is the mayor and chief e?ecuti(e officer of *ouis(ille)4efferson County +etro :o(ernment. 12. The *e"islati(e Council of *ouis(ille)4efferson County +etro :o(ernment %hereinafter +etro Council& is the le"islati(e body for *ouis(ille)4efferson County +etro :o(ernment. 23. *ouis(ille and +etro Plannin" Commission %hereinafter Plannin" Commission& is the desi"nated plannin" commission for *ouis(ille +etro under .0 Chapter 133 and *ouis(ille +etro =rdinance 32.</3. 21. 7= T -e(elopment, **C is the owner of real property which is the sub@ect of two detailed district de(elopment plan applications to the Plannin" Commission in Case !umber 1/-e(Plan1333 and Case !umber 1/-e(Plan133/. $t is also the applicant company in Case !umber 1/-e(Plan133/. 22. :re"ory =akley is listed as the =wner and #pplicant for Case !umber 1/-e(Plan133/ to the Plannin" Commission. 23. :re" =akley)4ohn 7ollenbach are listed as the =wner for Case !umber 1/-e(Plan1333 to the Plannin" Commission. 2/. et'er Properties A,*=, **C is listed as the #pplicant Company for Case !umber 1/-e(Plan1333 to the Plannin" Commission. 26. 1rett et'er is listed as the #pplicant for Case !umber 1/-e(Plan1333 to the Plannin" Commission. JURSIDICTION AND VENUE 28. This Court has proper @urisdiction and (enue of PlaintiffsB claims, which in(ol(e the followin":

a. The conduct of -efendants *ouis(ille +etro, +ayor :re" 9ischer and the +etro Council in 4efferson County in (iolation of .entucky law and *ouis(ille +etro ordinances, b. Pursuant to .0 133.3/;%2& because the Plaintiffs are claimin" to be in@ured and a""rie(ed by a final action of the Plannin" Commission in #pplication for -etailed -istrict -e(elopment Plan Case !umber 1/-e(Plan1333, and c. Pursuant to .0 133.3/;%2& because the Plaintiffs are claimin" to be in@ured and a""rie(ed by a final action of the Plannin" Commission in #pplication for -etailed -istrict -e(elopment Plan Case !umber 1/-e(Plan133/. CAUSES OF ACTION COUNT ONE 2;. .0 133.13;%2& pro(ides that *ouis(ille +etro Cshall ha(e a plannin" commission which shall include ei"ht %<& members who are residents of the plannin" unit, appro(ed by the mayor.D $n addition, the +ayor or his desi"nee and either the director of public works or the county en"ineer shall be members. 2<. .0 133.13;%2& further pro(ides that: CThe mayor shall ensure that four %/& of the appointees are citi'ens who ha(e no direct financial interest in the land de(elopment and construction industry.D 22. *ouis(ille =rdinance 32.</3 pro(ides that the ei"ht members of the Plannin" Commission shall be appointed by the mayor and shall be Csub@ect to the

appro(al of the +etro CouncilD. 33. .0 8;C.132%1& pro(ides that: C#ppointments made by the mayor should reflect the di(ersity of the population within the @urisdiction of the consolidated local "o(ernment.D 31. The ei"ht appointed members of the Plannin" Commission on +arch 8, 231/, were: a& -onnie 1lake, b& Tawana 7u"hes, c& Eincent 4arboe, d& 0obert Peterson, 4r., e& -a(id Proffitt, f& -a(id 0. Tomes, "& Clifford Turner, and h& *loyd CChipD 5hite. 32. #ll appointed members were appointed by +ayor :re" 9ischer and appro(ed by the +etro Council. 33. e(en of the appointed members are male, all e?cept Tawana 7u"hes. 3/. -onnie 1lake has a direct financial interest in the land de(elopment and construction industry. -onnie 1lake is President of =kolona Pest Control, $nc., which is a member of the 1uildin" $ndustry #ssociation of :reater *ouis(ille %hereinafter 1$#*ouis(ille&. +r. 1lake is also a part owner, a director, the re"istered a"ent, and past president of =PC Construction F 0epair, $nc. a corporation owned by +r. 1lake and members of his family. =PC Construction F 0epair, $nc. is essentially a subsidiary of =kolona Pest Control, $nc., ad(ertises remodelin", room additions, finishin" basements, kitchens and bathrooms and more construction items, and is also a member of the 1$#*ouis(ille. 36. Tawana 7u"hes has a direct financial interest in the land de(elopment and construction industry. Tawana 7u"hes lists herself as a Cresidential contractorD and is the sole member, or"ani'er and re"istered a"ent of Tawana 7u"hes 1uilder, **C, which does new home construction and remodelin". he is also a member of 1$#*ouis(ille.

<

38. 0obert Peterson, 4r. has a direct financial interest in the land de(elopment and construction industry. 0obert Peterson, 4r. has been a homebuilder and remodeler for 32 years. 7e is owner and president of 0obert #. Peterson, 4r. Co., $nc., and is a re"istered builder)remodeler with 1$#*ouis(ille. 7e was the 1221 president of 7omebuilders #ssociation of *ouis(ille, the predecessor of 1$#*ouis(ille. 3;. -a(id Proffitt has a direct financial interest in the land de(elopment and construction industry. -a(id Proffitt is a enior #rchitect, employed by the Gni(ersity of *ouis(ille Plannin" -esi"n and Construction -epartment. $n such employment, he mana"es and coordinates the construction and reno(ation of the Gni(ersity of *ouis(illeBs capital construction and reno(ation pro@ects. 3<. -a(id 0. Tomes has a direct financial interest in the land de(elopment and construction industry. -a(id 0. Tomes is en"a"ed in land de(elopment mana"ement for Traditional Town, **C, a real estate de(elopment company which mana"es !orton Commons, **C. 7e is in(ol(ed at times in other real estate de(elopment acti(ities and is a re"istered builder with 1$#*ouis(ille. 32. Clifford Turner has a direct financial interest in the land de(elopment and construction industry. Clifford Turner is owner and president of *and -e(elopment er(ices, $nc. and owner and president of Turner 0ealty and +ana"ement, $nc. Clifford Turner has his present home in =ldham County. /3. *loyd CChipD 5hite has a direct financial interest in the land de(elopment and construction industry. +r. 5hite is employed as a staff representati(e and contract administrator for the $ndiana).entucky)=hio 0e"ional Council of Carpenters, an affiliate of the Gnited 1rotherhood of Carpenters, which has a Ccentury>plus tradition of

representin" the best of the buildin" trades.D /1. Eincent 4arboe may or may not ha(e a direct financial interest in the land de(elopment and construction industry. +r. 4arboe is the owner of Eince 4arboe $nsurance #"ency, $nc., an affiliate of tate 9arm $nsurance. 7is business may or may not recei(e income from the land de(elopment and construction industry. 7e is also a member and re"istered a"ent for 4arboe Properties, **C, which may or may not be in(ol(ed in the land de(elopment and construction industry. /2. #t least se(en of the ei"ht appointed members of the Plannin" Commission, appointed by +ayor :re" 9ischer and appro(ed by the +etro Council, ha(e a direct financial interest in the land de(elopment and construction industry, which is a direct (iolation of .0 133.13;%2&. /3. Plannin" Commission member Clifford Turner presently resides in =ldham County, not in 4efferson County, which is a direct (iolation of .0 133.13;%2&. //. =nly one of the ei"ht appointed members of the Plannin" Commission is a female, a direct (iolation of .0 8;C.132%1&. /6. The Plannin" Commission is ille"ally constituted accordin" to .entucky law and was ille"ally constituted on +arch 8, 231/. Therefore, it is and was unable to perform its statutory duties as pro(ided by law. /8. #ll actions taken by the Plannin" Commission on +arch 8, 231/, are null and (oid. /;. 1ecause of the ille"al constitution of the Plannin" Commission caused by +ayor :re" 9ischer and the +etro Council, all of the Plaintiffs ha(e been in@ured and a""rie(ed in the followin" ways:

13

a. The ille"al constitution of the Plannin" Commission causes the Commission to ha(e a bias, o(ert or subconscious, in fa(or of any proposed action by an applicant or de(eloper, resultin" in decisions not made with the unbiased attitude intended by .entucky law and intended by any "ood plannin" process, b. The Plaintiffs ha(e been denied due process before the Plannin" Commission, which is Huasi>@udicial in nature and which reHuires due process in all its proceedin"s, and c. The Plaintiffs who own and reside in property which is nearby or on a traffic route for in"ress and e"ress to the property, could sustain permanent in@ury to their property and property (alues if the de(elopment appro(al is allowed to remain. COUNT T1O

/<. =n 4anuary 8, 231/, an application for a detailed district de(elopment plan for a 9ed,? distribution center on /6.222 acres of land on Plantside -ri(e in 1lankenbaker tation $$ was made to the Plannin" Commission by applicant 1rett et'er of et'er Properties A,*= **C, which land is owned by 7= T -e(elopment **C, represented by :re" =akley and 4ohn 7ollenbach. This application was desi"nated as Case !umber 1/-e(Plan1333. /2. There are si? residentially 'oned and used properties which abut this property. Those properties are owned by the Plaintiffs ,ileen and -a(id .aelin, Pattie 1.

11

and Thomas +. 0ead, 4anet #. and 5allace 5ayne 1ackman, 0ita and 4ohn 7ayes and yl(ia 9. and :re"" #. 0o"ers, and by 4ulie and -a(id +eredith. 63. =n +arch 8, 231/, the Plannin" Commission held a public hearin" on Case !umber 1/-e(Plan1333. 61. This hearin" was held by and in front of an ille"itimate Plannin" Commission. 62. #ny decision or final action made by the ille"itimate Plannin" Commission is null and (oid. 63. The public is entitled to a public hearin" before a le"ally constituted Plannin" Commission. 1ecause of the ille"al constitution of the Plannin" Commission on +arch 8, 231/, Plaintiffs were denied due process at the hearin". 6/. This plan (iolates :oal :2, Community 9orm trate"y, of the Cornerstone 2323 Comprehensi(e Plan for *ouis(ille and 4efferson County %hereinafter Cornerstone 2323&. 66. This plan (iolates =b@ecti(e :2.2, Community 9orm trate"y, of Cornerstone 2323. 68. This plan (iolates =b@ecti(e :2.3, Community 9orm trate"y, of Cornerstone 2323. 6;. This plan (iolates =b@ecti(e :3.2, Community 9orm trate"y, of Cornerstone 2323. 6<. This plan (iolates =b@ecti(e :/.1, Community 9orm trate"y, of Cornerstone 2323. 62. This Plan (iolates =b@ecti(e -.2.1, +arketplace trate"y, of Cornerstone

12

2323. 83. This plan (iolates :oal 1.2, *i(ability trate"y, of Cornerstone 2323. 81. This plan (iolates :oal 1./, *i(ability trate"y, of Cornerstone 2323. 82. This plan (iolates :oal 9.1, *i(ability trate"y, of Cornerstone 2323. 83. This plan (iolates :oal 9.2, *i(ability trate"y, of Cornerstone 2323. 8/. This plan (iolates =b@ecti(e 7.2.1, *i(ability trate"y, of Cornerstone 2323. 86. This plan (iolates =b@ecti(e 7.2.2, *i(ability trate"y, of Cornerstone 2323. 88. This plan (iolates :uideline 1 of Plan ,lement # of Cornerstone 2323. 8;. This plan (iolates :uideline 1.1.13 of Plan ,lement # of Cornerstone 2323. 8<. This plan (iolates :uideline 3.# of Plan ,lement # of Cornerstone 2323, especially, but not limited to, !umbers 1, 8, ;, <, 2, 2/ and 22. 82. This plan (iolates :uideline ; of Plan ,lement C of Cornerstone 2323. ;3. This plan (iolates :uideline <.#.3 of Plan ,lement C of Cornerstone 2323. ;1. This plan (iolates :uideline 13 of Plan ,lement - of Cornerstone 2323, especially, but not limited to, :uideline 13.#.1 and :uideline 13.#.12. ;2. This plan (iolates :uideline 13 of Plan ,lement - of Cornerstone 2323, especially, but not limited to, 13.#.3, 13.#.6 and 13.#.;. ;3. This plan (iolates ection 2.8.3 of the *and -e(elopment Code for all of *ouis(ille>4efferson County .entucky %hereinafter *-C&.

13

;/. This plan (iolates ection /.1.8 of the *-C. ;6. This plan (iolates ection 6.6.2.1.2 of the *-C. ;8. This plan (iolates ection 6.6.2.#.1 of the *-C. ;;. This plan (iolates other pro(isions of Cornerstone 2323 and the *-C. ;<. #t the +arch 8, 231/ hearin", the Plannin" Commission appro(ed the plan in Case !umber 1/-e(Plan1333 by a (ote of si? in fa(or to one opposed. ;2. The +arch 8, 231/ decision and (ote by the Plannin" Commission was erroneous, arbitrary and capricious for at least the followin" reasons: a. -ue process was denied because the Plannin" Commission was ille"ally constituted, and b. The Plannin" Commission disre"arded and failed to enforce the pro(isions of Cornerstone 2323 and the *-C in makin" its decision, as reHuired by law. <3. 1ecause of the ille"al constitution of the Plannin" Commission caused by +ayor :re" 9ischer and the +etro Council, and because of the erroneous, arbitrary and capricious decision made by the Plannin" Commission without adeHuate e(idence from the public hearin", all of the Plaintiffs ha(e been in@ured and a""rie(ed in the followin" ways: a. The ille"al constitution of the Plannin" Commission causes the Commission to ha(e a bias, o(ert or subconscious, in fa(or of any proposed action by an applicant or de(eloper, resultin" in decisions not made with the unbiased attitude intended by .entucky law and intended by any "ood plannin" process,

1/

b. The Plaintiffs ha(e been denied due process before the Plannin" Commission, which is Huasi>@udicial in nature and which reHuires due process in all its proceedin"s, and c. The Plaintiffs who own and reside in property which is nearby or on a traffic route for in"ress and e"ress to the property, could sustain permanent in@ury to their property and property (alues if the de(elopment appro(al is allowed to remain. COUNT THREE <1. =n 4anuary 13, 231/, an application for a detailed district de(elopment plan for a distribution buildin" and office)warehouse on 12.;6 acres of land on 0ehl 0oad in 1lankenbaker tation $$ was made to the Plannin" Commission by applicant and land owner 7= T -e(elopment **C, represented by :re"ory =akley. This application was desi"nated as Case !umber 1/-e(Plan133/. <2. There are numerous residentially 'oned and used properties which abut this property or are within one hundred feet of the property line of this property. <2. =n +arch 8, 231/, the Plannin" Commission held a public hearin" on Case !umber 1/-e(Plan133/. <3. This hearin" was held by and in front of an ille"itimate Plannin" Commission. </. #ny decision or final action made by the ille"itimate Plannin" Commission is null and (oid. <6. The public is entitled to a public hearin" before a le"ally constituted Plannin" Commission. 1ecause of the ille"al constitution of the Plannin" Commission on

16

+arch 8, 231/, Plaintiffs were denied due process at the hearin". <8. This plan (iolates :oal :2, Community 9orm trate"y, of the Cornerstone 2323 Comprehensi(e Plan for *ouis(ille and 4efferson County %hereinafter Cornerstone 2323&. <;. This plan (iolates =b@ecti(e :2.2, Community 9orm trate"y, of Cornerstone 2323. <<. This plan (iolates =b@ecti(e :2.3, Community 9orm trate"y, of Cornerstone 2323. <2. This plan (iolates =b@ecti(e :3.2, Community 9orm trate"y, of Cornerstone 2323. 23. This plan (iolates =b@ecti(e :/.1, Community 9orm trate"y, of Cornerstone 2323. 21. This Plan (iolates =b@ecti(e -.2.1, +arketplace trate"y, of Cornerstone 2323. 22. This plan (iolates :oal 1.2, *i(ability trate"y, of Cornerstone 2323. 23. This plan (iolates :oal 1./, *i(ability trate"y, of Cornerstone 2323. 2/. This plan (iolates :oal 9.1, *i(ability trate"y, of Cornerstone 2323. 26. This plan (iolates :oal 9.2, *i(ability trate"y, of Cornerstone 2323. 28. This plan (iolates =b@ecti(e 7.2.1, *i(ability trate"y, of Cornerstone 2323. 2;. This plan (iolates =b@ecti(e 7.2.2, *i(ability trate"y, of Cornerstone 2323. 2<. This plan (iolates :uideline 1 of Plan ,lement # of Cornerstone 2323.

18

22. This plan (iolates :uideline 1.1.13 of Plan ,lement # of Cornerstone 2323. 133. This plan (iolates :uideline 3.# of Plan ,lement # of Cornerstone

2323, especially, but not limited to, !umbers 1, 8, ;, <, 2, 2/ and 22. 131. 2323. 132. Cornerstone 2323. 133. This plan (iolates :uideline 13 of Plan ,lement - of Cornerstone This plan (iolates :uideline <.#.3 of Plan ,lement C of This plan (iolates :uideline ; of Plan ,lement C of Cornerstone

2323, especially, but not limited to, :uideline 13.#.1 and :uideline 13.#.12. 13/. This plan (iolates :uideline 13 of Plan ,lement - of Cornerstone

2323, especially, but not limited to, 13.#.3, 13.#.6 and 13.#.;. 136. This plan (iolates ection 2.8.3 of the *and -e(elopment Code for

all of *ouis(ille>4efferson County .entucky %hereinafter *-C&. 138. 13;. 13<. 132. *-C. 113. #t the +arch 8, 231/ hearin", the Plannin" Commission appro(ed This plan (iolates ection /.1.8 of the *-C. This plan (iolates ection 6.6.2.1.2 of the *-C. This plan (iolates ection 6.6.2.#.1 of the *-C. This plan (iolates other pro(isions of Cornerstone 2323 and the

the plan in Case !umber 1/-e(Plan133/ by a (ote of se(en in fa(or to none opposed. 111. The +arch 8, 231/ decision and (ote by the Plannin" Commission

was erroneous, arbitrary and capricious for at least the followin" reasons:

1;

a. -ue process was denied because the Plannin" Commission was ille"ally constituted, and b. The Plannin" Commission disre"arded and failed to enforce the pro(isions of Cornerstone 2323 and the *-C in makin" its decision, as reHuired by law. 112. 1ecause of the ille"al constitution of the Plannin" Commission

caused by +ayor :re" 9ischer and the +etro Council, and because of the erroneous, arbitrary and capricious decision made by the Plannin" Commission without adeHuate e(idence from the public hearin", all of the Plaintiffs ha(e been in@ured and a""rie(ed in the followin" ways: a. The ille"al constitution of the Plannin" Commission causes the Commission to ha(e a bias, o(ert or subconscious, in fa(or of any proposed action by an applicant or de(eloper, resultin" in decisions not made with the unbiased attitude intended by .entucky law and intended by any "ood plannin" process, b. The Plaintiffs ha(e been denied due process before the Plannin" Commission, which is Huasi>@udicial in nature and which reHuires due process in all its proceedin"s, and c. The Plaintiffs who own and reside in property which is nearby or on a traffic route for in"ress and e"ress to the property, could sustain permanent in@ury to their property and property (alues if the de(elopment appro(al is allowed to remain.

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RELIEF 1HEREFORE, Plaintiffs respectfully demand the followin" relief: 1. That the Court declare the current composition of the Plannin" Commission and the composition on +arch 8, 231/, as ille"al under .entucky state law, 2. That the Court order +ayor :re" 9ischer and the +etro Council to chan"e the membership of the Plannin" Commission so that it complies with state law, 3. That the Court declare the decision of the Plannin" Commission on +arch 8, 231/, in Case !umber 1/-e(Plan1333, null and (oid, /. That the Court declare the decision of the Plannin" Commission on +arch 8, 231/, in Case !umber 1/-e(Plan133/, null and (oid, 6. That the Court "rant Plaintiffs a reasonable attorneyBs fee and all costs e?pended herein to be paid by the -efendants, and 8. #ll other proper relief to which the Plaintiffs may be entitled. 0espectfully ubmitted,

tephen T. Porter Counsel for Plaintiffs 2/38 Tucker tation 0oad *ouis(ille, .I /3222>/622 632>22;>2221 stpinlouJaol.com

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