MSD Variance Remanded for Beargrass Creek

Metropolitan Sewer District Variance Approving Relocation of Beargrass Creek on River Metals Property Is Remanded

On January 25, 2008, Jefferson Circuit Judge Kathleen Voor Montano issued an 18-page opinion in the appeal filed by the Irish Hill Neighborhood Association and Lisa Dettlinger of the grant of a variance by the Metropolitan Sewer District Floodplain Board allowing relocation of Beargrass Creek in order to facilitate a new commercial development on the River Metals property in the Irish Hill Neighborhood.

The court agreed that the Irish Hill Neighborhood Association had standing to represent the interests of its members in protecting Beargrass Creek and assuring proper implementation of the floodplain ordinance, that the due process rights of the Association and Ms. Dettlinger were abridged by the denial by MSD of a right to cross-examine witnesses at the floodplain variance hearing, and that the decision by the Floodplain Board lacked findings of basic fact to fit the land.

Irish Hill Neighborhood Wikipedia Article