An order was issued by Judge Charles Hickman in regards to the litigation filed between Chris Hanks (plaintiff) and the Anderson County Board of Adjustments (defendants). Judge Hickman ruled the case return to BOZA so that they may issue “findings of fact” in regards to the Carey motorsports complex.
Chris and Melissa Hanks, owner of a wedding venue that coincides with the proposed complex, filed an appeal of the June 21 BOZA meeting. Also cited were the meetings from March through May.
The Hanks’ appeal argued that BOZA acted outside or in excess of their power, said they were not afforded the right to proper procedure, and that the determinations made lacked necessary evidence.
One controversy brought forth was a procedural issue where the member of the BOZA “huddled” to discuss business due to an environment described as “somewhat raucous”.
The plaintiffs said that this was a violation of the Open Meetings Act. Judge Hickman stated, “The Court is not persuaded that it needs to weigh in on the alleged Open Meetings act, as the BOA itself chose how to address and cure any issue”.
The first part of the appeal was struck down, as Judge Hickman found the board had operated within the proper parameters. The argument was based around the proper zoning designation a motorsports complex falls under. The court did not find the proposed construction to be outside of the realm of the I-1 category.
The second part of the appeal was agreed upon, according to the court. The plaintiffs argued that no finding of fact was presented or agreed upon by the members of BOZA. That violates KRS 100.111(7)(a), which spells out that a conditional use permit can only be granted partly on the basis of a factual determination.
The final part of the appeal states in summary “the decision to approve the CUP is unsupported by substantial evidence and is therefore arbitrary”. Judge Hickman stated in his opinion that since there was no factual basis given, he cannot rule on the validity therein.
The decision ultimately handed down was that “the matter is hereby reversed and remanded back to the BOA for consideration of the requirements a CUP as set forth by KRS 100.111(7) and for BOA to issue Findings of Fact on this matter”.
It is yet to be announced when the next meeting will be to discuss and potentially establish a factual determination on the conditional use permit for the Carey motorsports complex.