Real Estate Litigation
SKO obtained a summary judgment at Fayette Circuit Court for a zone change appeal filed by protesting neighbors, resulting in a successful zone change and approval for all related development plans for a national retail outfitter and mixed-use development in Lexington.
Complex Litigation of Superfund Cleanup Site
Louisville Industrial Park, LLC v. ExxonMobil Oil Corporation, et al., Case No. 3:14-CV-278-CRS (W.D. Ky., 2017). See also, FCBKy Holding, LLC v. Louisville Industrial Park, LLC, et al., Case No. 13-CI-402829 (Jefferson Circuit Court, 2013).
Originally presented with a foreclosure case by our bank client, the matter became further complicated when the location in question was declared a Superfund Site by the U.S. EPA. SKO negotiated a resolution that involved an acquisition under Kentucky’s brownfields regulations, protecting the bank against liability for historic contamination. The firm’s attorneys also successfully acquired the property for a subsidiary while dealing with substantial tax liens and negotiated a plan for cleanup, which proved satisfactory to state and federal regulators. Subsequently, SKO also successfully resolved lender liability claims that threatened to delay the transfer of the property and the commencement of cleanup activities. The case was settled favorably in March 2018.
Building Dispute/Injunctive Relief
Home Depot, U.S.A., Inc. v. Saul Subsidiary I Limited Partnership, Ky. App., 159 S.W.3d 339 (2005)
Represented owner of Lexington Mall and obtained injunction requiring Home Depot to remove its store and restore the Mall structure because Home Depot violated restrictive covenants; case settled.
Real Estate Litigation
SKO obtained a summary judgment at Fayette Circuit Court for a zone change appeal filed by protesting neighbors to a zone change and new development.
Represented numerous individual, agricultural, commercial and industrial landowners in negotiations and litigation against the Commonwealth of Kentucky, Department of Highways, in connection with acquisitions of right-of-way for road projects and other assorted road and highway issues.
Major Electric Transmission Project
Collaborated with a longtime electric utility client to plan and coordinate the acquisition of more than 100 parcels of real estate in three counties for a 41-mile electric transmission line. Our assistance began in the early planning stages of the project and carried through agreed-upon acquisitions, challenges to the right to condemn, appeals and valuation litigation.
Major Water Pipeline Project
Worked with a water utility client that was acquiring right-of-way access. We assisted with negotiations and, where necessary, litigation to secure rights to construct a much needed 42” water main to transport water from the Kentucky River to Lexington and surrounding communities, securing a new and dependable water source for Central Kentucky for years to come.