The Kentucky Court of Appeals will decide a rezoning lawsuit against the City-County Planning Commission, recently dismissed by Warren Circuit Court.

Judge Christopher Cohron sided with the commission, in spite of documented evidence that showed favoritism and collusion by the commission in a rezoning action last year at 964 Plano-Rich Pond Road.

Information recently disclosed in an Open Records request revealed the commission acted improperly and unethically by giving “heads up” information to JAB Holdings relating to a rezoning hearing. This was ignored in the judge’s written decision, which has been appealed to the state court.

The case was dismissed based on a legal loophole which had no bearing on the merits of the case. The court ruled that because a previous case was dismissed, a second case on the same issue cannot be filed. However, it overlooks the fact that Kentucky statutes (CR 60.02) allow a second case to be filed on the same issue if there is “newly discovered evidence.”

This newly discovered evidence from open records reveals that the commission emailed information to JAB Holdings to influence a rezoning decision, in addition to a conflict of interest with a board member. This incontrovertible evidence was not available when the initial complaint was filed.

In the court of public opinion, inaction by Circuit Court bears scrutiny. “Smoking gun” evidence of collusion and complicity within the commission without question reflects on public integrity and accountability within our local government.

For background, in March 2023, JAB bought 70 acres of land on Plano-Rich Pond Road at a bankruptcy auction for $1.1 million. It filed an application to rezone the property from agricultural to residential, and planned to sell 65 lots in the development and build new homes.

Due diligence would have revealed numerous obstacles to a housing development … sinkholes, a construction waste dump, soil unsuitable for septic systems, inadequate fire protection and a historic cave on the karst topography. This land was also hunting grounds for Native American tribes. Hundreds of artifacts have been found there.

The commission dropped the ball in its evaluation and approval of the property for development, missing red flags mentioned above in addition to potentially dangerous traffic hazards. Traffic safety was basis for the original lawsuit against the commission.

To further complicate this matter, one of the developers serves on the commission. Of course, no favoritism there.

At a public hearing last May, two dozen Plano citizens appeared with a petition of 120 signatures opposing the project. Their opposition was traffic safety concerns on one of the most dangerous stretches of road in Warren County. The commission, whose mandate is to protect the health, welfare and well-being of citizens, ignored this opposition and voted to approve the rezoning request without debate.

Testimony at the hearing alleged that sinkholes are not a problem in land development … they can be “mitigated.” Remember the Corvette Museum cave-in, the Dishman Lane debacle, and most recently the new city training facility on Porter Pike … mitigated with $900,000 in taxpayer money.

Open records also revealed that County Attorney Amy Milliken advised Plano Magistrate Ron Cummings that he could not meet with citizens to hear their opposition. Why are magistrates elected if they cannot represent the people who elected them?

Warren Fiscal Court, which presumably oversees the Planning Commission, also voted to approve the rezoning without debate … Commissioner Cummings’ vote included.

This coverup of impropriety in our government strains credibility and gives citizens reason to lose faith in our institutions. The “good old boy” network of land developers, Realtors, lawyers and politicians has again prevailed … a sad commentary on our system. The powerful Bowling Green political machine wins again.

An observation aside, the previous landowner raised cattle. Beef prices are good. A new high-class restaurant in the HUB serves a steak dinner for $79.

– Robert Davenport is a Plano citizen and one of the leaders of the effort to overturn the rezoning.