Case ends. Judge rules in favor of BOZA.

In the first week of March, 2012, Judge Maze ruled in favor of the Metro Louisville Board of Zoning Adjustment [BOZA] in the case over non-conforming use rights granted to King Southern Bank for the property at 224 E. Oak St. 40203. He said that for all evidence showing abandonment,  there was presented countering evidence showing non-abandonment. In such a case, the Court would not impose itself on the local administrative body and so it upheld the ruling of the BOZA.

The appellants are grateful for the skillful work and support of their attorneys and, likewise, the support of the many individuals who have contributed money to help cover the legal expenses. We have remaining a about $2000 of unpaid billing and ask you, the reader, to consider helping us again to retire this debt.

Case of 224 E. Oak Street: Good News! The court says "No" to our opposition.

Last Friday, 2/17, word arrived that Judge Maze had entered into the record an important ruling in the case of 224 E. Oak St: Leah Stewart, Steve Zocklein and Christopher White v. King Southern Bank [KSB], DF Investment [DFI], and Louisville Metro Board of Zoning Adjustment [BOZA].

The court struck down the DF Investment/King Southern Bank request that it accept their belated filing of a reply to our final brief; they wanted more time, exception to the original filing order, and possibly to force us into oral arguments. Their attorneys missed the deadline of January 3, 2012, which was the date to end the filings. That this is ironical, I'm sure is not lost on you, the reader, if you have followed this case since its inception. The KSB/DRI initial attack on ZALU was timeliness. BOZA has quietly stayed out of the fray.

In his decision, Maze recognized that KSB, DF Investment, and BOZA were not complying with the filing order that all parties had originally agreed to adopt.

He struck our adversaries' late Reply Brief from the record.  

The case now stands submitted for a decision on the merits before the Court.  

However, we do not know what our opponents will try next. 

  

This current decision is consistent with Maze's mindset, so far.

He has effectively maintained the strength of our position in the face of the very aggressive litigation tactics by KSB/DFI. Judge Maze is under no deadline so there is no way to predict when his decision will be made. Our team will announce any news as we receive it. 

Please stay with us. Your continued interest and support is essential to this important neighborhood case.

What the new year has wrought for the case.

WE OBJECT! say the Appellants through our counsel to the Court when the combined counsel for King Southern Bank (KSB), DF Investment (DFI) & Louisville Metro Board of Zoning Adjustment (BOZA) miss the court-ordered filing deadline by 10 days and certify a new Reply Brief in violation of the Court's opinion and order of last September 16, 2011. "Just a bit late", a reasonable person might think.  Back in September 2011, Judge Maze set the sequence of dates for the filing of briefs;         it was to end on Jan. 3, 2012 unless extensions were filed in advance of the deadlines.  No advance petitions were made; no doctor's note submitted by the slack student requesting to turn in due work late & for full credit. Ah!

Like the Aesop's fable, "The Grasshopper and the Ant", we the Appellants & our counsel, ant-like, cracked our backs and chafed our rumps from long hours sitting, arguing, and revising to get our homework done over the holidays just to meet the early new year court-ordered deadline of Jan. 3.  The opposition Appellees and their counsel (fiddling and dancing?) missed the due-date that was supposed to end the schedule of filings and missed the procedural requirements for requesting special exemption from the court-ordered filing schedule. We, the Appellants, have tried mightily to be disciplined and play by the rules. The opposition wants new rules.

A good word: "thank you for spear-heading this important cause"

A financial contribution to the legal defense of our case in Jefferson County Circuit Court arrived in today's mail with a letter expressing this encouraging word from its donor: "...THANK YOU FOR SPEAR-HEADING THIS IMPORTANT CAUSE.  I ALWAYS ENJOY A HARDY BATTLE, PARTICULARLY WHEN THE STAKES ARE SO VITAL TO ALL OF US UNDERTAKING       PRESERVATION AND RESTORATION PROJECTS IN THE OLD LOUISVILLE HISTORIC DISTRICT".

One stands up a bit straighter and taller after reading this note of support from neighbors.

Please consider a contribution to the legal costs of our case.
We really, REALLY, need your help.  We are paying the costs of litigation;
it is not free. Many citizens have stepped up to help us with the expense of pursuing this case in court but the case continues, and will so into the new year, and so our costs mount. We depend on your help.
Please consider a contribution to the legal defense of our case.


Donations in any amount should be sent to
Victorian Louisville, Inc.
119 West Ormsby Ave.
Louisville, KY  40203

Please note on the check "Legal Defense Fund."

Victorian Louisville is a 501 (c) 3 corporation.   Check with your tax advisor to verify tax deductibility for your individual situation.

This case is being filed on behalf of Old Louisville, and to help other historic neighborhoods as well.  The Appellants have taken a leap of faith that you will educate yourself on the seriousness of this case, and that you will be concerned enough to help.

Case of 224 E. Oak: FILED! Our most muscular Brief to date.

Pike Legal, the attorneys for Leah Stewart, Steve Zocklein and Christopher White, have filed on Jan. 3, 2012 our team's most muscular Reply Brief to date.  This is a document which, per process agreed to by all parties in mid-September, ought to be the final Brief required prior to a ruling by Judge Maze.  So much turns on the effectiveness and potency of this particular Brief.  As soon as it is possible to do so the contents of the December/January filings will be archived here, at <OldLouisvilleZoning.blogspot.com>.
Keep watching for updates on the case.