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Summary Judgment in City’s Favor for Annexation Lawsuit

city paducah 300PADUCAH, KY (4/30/12) – On Thursday, April 27, McCracken Circuit Court released a summary judgment in favor of the City of Paducah regarding the annexation of 173.6 acres of land located in McCracken County into the City of Paducah.
 
Mayor Bill Paxton says, “I am extremely pleased with the summary judgment on the annexation issue. The City has felt all along that we were correct in annexing the property. I hope now that the City and County can move forward in a positive manner in accomplishing important matters for the good of the community.”
 
In November 2010, the City of Paducah approved the annexation of the property consisting of Schneidman Road and property owned by Tennessee Valley Authority, Paducah and Louisville Railway, Inc. (P&L), and Paducah Power System. The property owners were in favor of the annexation. Paducah Power’s recently constructed peaking plant is located on the annexed property.
 
The County’s complaint alleged that it is the fee simple owner of Schneidman Road which according to KRS 81A.412 would require the consent of the County for the City’s annexation. However, in the summary judgment, the County concedes that it does not own Schneidman Road and agrees that the road is owned by P&L. Also, the County asserted that is was directly and adversely affected by the City’s annexation ordinance, being divested of 173.6 acres of real property. However, the summary judgment says the County has not been divested of the property since it remains in McCracken County and that the annexation fails to substantially and adversely impact the County’s governing powers. The summary judgment dismisses the complaint by McCracken County.
 
SurfKY News
Information provided by Pam Spencer

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