LOUISVILLE, Ky. (WDRB) — The city of Prospect will decide by mid-January whether to file a lawsuit challenging the Metro Council’s decision to approve a zoning change for Prospect Cove, a low-income apartment complex opposed by many residents of the wealthy suburb, according to its city attorney.
Last week the council voted 21-2 to approve a zoning change to accommodate the 178-unit affordable housing development, which is planned near the Kroger off U.S. 42.
Appeals of zoning decisions typically face long odds. But Prospect would have a good case if it decides to challenge the decision, according to Prospect City Attorney Chris Gorman.
“The whole thing is just totally incompatible with their (Louisville Metro’s) own guidelines and it is just obviously ripe for an appeal,” he said.
The proposed apartment complex is just outside the municipal boundary of Prospect.
It will be up to the Prospect City Council, including three new members taking office in January, whether to challenge the Prospect Cove decision, Gorman said.
Kentucky in 2017 made it harder to hold up development projects with lawsuits by requiring that parties who want to take cases to court post appeal bonds of up $250,000.
The new requirement wouldn’t necessarily stop Prospect from filing an appeal, Gorman said.
Louisville-based LDG Development, the company that wants to build Prospect Cove, is waiting for the 30-day appeal window to lapse before determining a timeline for construction, said LDG vice president Christi Lanier Robinson.
“After that, we will begin working to finalize our development plans (and) financing, etc.,” she said in a message.
