LOUISVILLE, Ky. (WDRB) – A unique group of shotgun houses in the Meriwether neighborhood moved closer to demolition after a judge upheld a controversial action by the Historic Landmarks and Preservation Districts Commission.
Jefferson Circuit Judge Sarah E. Clay ruled September 14 that the commission acted properly when it voted in January on landmarks status for Lawton Court, a pedestrian-only corridor near Preston Street and Burnett Avenue just east of Interstate 65. She also found that a Metro Council ordinance on how such properties are designated was approved correctly.
The ruling is a blow to the nonprofit Neighborhood Planning & Preservation Inc., which had asked the court to reverse the landmarks commission’s decision – essentially giving those who wanted the properties protected another chance to make their case.
The group is keeping its options open following the decision, its president, Martina Kunnecke, said in a statement. She added that the case "has underscored--once again--extremely troubling realities."
"There are numerous systemic flaws favoring the will of powerful developers over neighborhoods trying to protect their historical assets and the promise they represent," Kunnecke said. "Such barriers to a fair process are unacceptable, especially when they advance the aims of those from outside our community at our collective expense."
Metro government has issued eight demolition permits for houses on Lawton Court; CEPEDA, the nearby company that owns the properties, applied last Friday for a permit to take down a ninth house there.
The wrecking permits had been on hold, but that was lifted after Clay’s ruling, said Caitlin Bowling, spokeswoman for the city’s Cabinet for Economic Development. “Nothing in the ruling prevented or required a delay in the demolition of the properties,” she said in an email.
Houses on Lawton Court remain standing and were largely boarded up this week.
The case brought to light an unusual requirement that became city law with little discussion: The landmarks commission must have a majority of its overall membership – not just most of the assembled quorum – to approve individual landmarks.
When the 13-member commission voted in January, six members backed the historic label for Lawton Court, while four voted against. That led the commission’s chair to initially say that the request had been approved.
But it had, in fact, failed by one vote. That’s because the Metro Council changed the city’s landmarks ordinance in 2019 and added the higher voting threshold for the commission.
WDRB News previously reviewed voting rules for more than 30 such panels whose duties are included in local legislation. We found that the landmarks commission is the only one with a requirement that a majority vote of the overall body is needed for a particular action, such as approving a landmark petition.
In her ruling, Clay determined that the ordinance was passed correctly by the council, although she noted that the specific language changing the voting structure “was not read aloud” for council members. Still, the ordinance’s full language was available during the council’s vote.
Neighborhood Planning & Preservation also had argued that three landmarks commissioners considered criteria other than those listed in local ordinance during the vote on Lawton Court.
Clay found “no indication that they did not consider the required criteria in reaching their vote.”
Advocates for the landmarks designation collected 245 signatures for the petition that ultimately went before the landmarks commission. While it was outside the commission's authority, supporters also raised concerns about homes threatened by demolition while Louisville has a shortage of affordable housing.
Copyright 2023 WDRB Media. All rights reserved.
