Facing what they see as an extreme change in their rural neighborhood, a group of residents along Matlock and Long roads is taking an extreme step in an effort to stop a housing development that Warren County Fiscal Court approved last month.

John Russell, Russell Jefferson and Daryl Johnson – representing a larger group of residents in the Matlock Road area in southern Warren County – filed an appeal of fiscal court’s Aug. 21 ruling that approved rezoning 46 acres that are to be developed into a 100-home subdivision.

Fiscal court approval came on a 3-2 vote with one abstention on a second and final reading after a 4-2 vote for approval on first reading. Those votes followed a City-County Planning Commission recommendation to deny the application. It was the first vote to overturn a planning commission recommendation since 2011.

The appeal will be heard in Warren Circuit Court and has been assigned to Judge John Grise.

The appeal – which lists fiscal court, the planning commission, property owners T.J. and Georgia Blevins and GVTP Developments partners Tim Poston and George Vogler as defendants – was filed Sept. 21, just ahead of the deadline to appeal within 30 days of the fiscal court decision. No attorney for the plaintiffs was listed on the filing.

Bowling Green attorney Linda Thomas represented the group before fiscal court but has since stepped away from the case.

“We’re working on legal representation,” Jefferson said. “When we started looking for an attorney, it seemed that most of them had some sort of conflict of interest. We’re looking at some attorneys from out of town.

“We had to get this appeal done, so we went ahead and filed it.”

Jefferson and his partners in the appeal are counting on the fact that the planning commission heard the facts about the development and recommended that it be denied. The appeal to circuit court will be based on the record generated by the planning commission hearings and the fiscal court meetings, according to planning commission attorney Hamp Moore.

“We’ll file copies of the videos and minutes from the planning commission and fiscal court meetings,” Moore said. “The circuit court judge will review that.”

In its appeal, the Matlock Road group calls the fiscal court’s action in overturning the planning commission “erroneous, arbitrary and capricious” and asks the circuit court to declare the fiscal court’s action null and void.

The appeal has an added element arising from a bill the Kentucky General Assembly passed this year. The plaintiffs ask that Kentucky Revised Statute 100.3471 dealing with the appeals process be declared unconstitutional because it is financially prohibitive to plaintiffs. The new statute allows the circuit court to require the appellant to post an appeal bond of up to $100,000 and possibly pay damages if the appeal isn’t successful.

Despite that obstacle, Jefferson believes the appeal is worth pursuing.

“I don’t know if we’re going to win or not,” Jefferson said. “I’d say the odds are against us. But somebody has to step up and say we have some problems here when planning and zoning makes a recommendation and is overruled by the fiscal court.

“Sometimes it’s good to have fiscal court as a backstop, but I think the whole mechanism needs to be looked at. I hope other people can avoid going through this.”

The Matlock Road decision is one of two recent planning commission recommendations overturned by a local legislative body. The Bowling Green City Commission this month rejected a planning commission recommendation and ruled in favor of a zoning change that paves the way for a 304-unit apartment complex sandwiched between Silver Springs subdivision and the KOA campground on Three Springs Road.

Chris Davenport, attorney for a group opposed to the development, would not comment Tuesday on whether the group plans to appeal. Any appeal would have to be filed by Oct. 5 to meet the 30-day deadline.

Also in its meeting Tuesday morning, fiscal court heard from Warren County Sheriff Jerry “Peanuts” Gaines about the upcoming mailing of tax bills.

Those bills will go out Friday, and Gaines said the total amount to be collected from state, county, school and other entities is $71.1 million, which represents an increase of $4 million from last year.

Jessica Coles, tax deputy in the sheriff’s office, said the 50,666 bills to be mailed is up by more than 300 from last year. She pointed out that Warren County residents can get a 2 percent discount on their tax bills if they pay before Nov. 1.

The magistrates also heard from Stan Reagan, the county’s coordinator for environmental planning and assistance, about the upcoming public hearing on the county’s Area Solid Waste Management Plan. That hearing will be at 9 a.m. Friday at the courthouse. By state mandate, the plan is updated every five years and covers waste collection, disposal, recycling, open dumps and other items related to solid waste management.

In other action:

• fiscal court approved a change order in the amount of $40,561 to Scott, Murphy & Daniel for items related to the construction of new gymnasiums at Ephram White and Buchanon parks.
• magistrates voted to spend $2,678 for three picnic tables for the county parks department and $4,974 for installation of a 400-amp service panel and breakers on the air-conditioning unit at the Warren County Justice Center.
• magistrates approved a change order in the amount of $5,000 to Buck Electric for removal and installation of four poles at Ed Spears and Rich Pond ball fields.
• fiscal court approved advertising for roof replacement at the courthouse, to be paid for by insurance.
• magistrates approved on first reading six different zoning changes previously recommended for approval by the planning commission.

– Follow business reporter Don Sergent on Twitter @BGDNbusiness or visit bgdailynews.com.