Suit filed against IDA in Sebree apartment matter

by MATT HUGHES

J-E Editor

In the latest development dealing with the development of an apartment complex near Sebree, area resident Leesa Ligett has filed suit against the Webster County Industrial Development Authority (IDA), it’s board members, JEM Development and Sebree Deposit Bank, claiming that the IDA’s October 21, 2014 decision to sell property to JEM violated KRS 61.820(2).

That KRS reads: All  public agencies shall  provide for  a schedule of  regular  meetings by ordinance,  order,  resolution,  bylaws,  or by whatever other means may be required for the conduct of business of that public agency. The schedule of regular meetings shall be made available to the public.

The suit states that Ligett, through Counsel, served a written complaint to IDA chairman Steve Whitsell on December 5, 2014 alleging that the board’s meeting violated Kentucky’s Open Records Act.

Ligett also claims in the suit that the IDA’s Special Called meeting held on January 27, 2015 to readdress the October vote was also in violation to state law, siting KRS 61.823(4(a)) which states:

As soon as possible, written notice shall also be posted in a conspicuous place in the building where the special meeting will take place and in a conspicuous place in the building which houses the headquarters of the agency. The notice shall be calculated so that it shall be posted at least twenty-four (24) hours before the special meeting. 

In the letter submitted to County Attorney Clint Prow, Ligett’s counsel James T. Skinner II says that he checked the courthouse at noon on the day of the meeting and did not find any notices about the meeting posted.

The suit is asking for Ligett’s cost and attorney’s fees incurred during this action and for a sum of $100.00 for each instance the court deems the IDA violated the Open Meetings Act. It is also asking the court to void, cancel, set aside and rescind the mortgage between JEM and Sebree Deposit Bank and all actions on the matter taken by the IDA.

Individual IDA members sited in the suit are Steve Whitsell, Mike Farris, Ken Hamick, Herman Hawkins, Jerry Hobgood, Mark Moser and Steve Hendrix.

Reach MATT HUGHES

 at 270-667-2068 or 

matt@journalenterprise.com