Recent Firm Highlights & News
Review the Andover Golf Course litigation information, including Ball Homes, Inc and Lochmere Development Corporation v. Whitaker Bank and related cases. Click here.
The next significant hearing is December 13, 2017, at 9:00 a.m. in the Fayette Circuit Court. The Court will address the motion for summary judgment filed by Whitaker Bank which attempts to eliminate the obligation for the property to be used as a golf course, and anticipated cross motions for summary judgment being filed by various HOA’s and various property owners. The Estates section HOA has new counsel (Rich Getty) and several property owners are represented by Eric Case. It is anticipated that they will support the property remaining a golf course though there are several HOA’s that have been seeking to eliminate the obligation for the property to be used as a golf course.
BEHR PROPERTIES, LLC, THE BEER TRAPPE, INC. AND BEHR ENTERPRISES, LLC V. ASHLAND PROPERTIES, ET AL., 2017-CA-1155, September 20, 2017. The Court of Appeals denied Behr’s request to dissolve the injunction entered in favor of Ashland Properties and other defendants by Judge Goodwine in the Fayette Circuit Court. The injunction prohibits Behr and the other plaintiffs from trespassing on the defendants’ property. See the Court of Appeals Order Denying Motion for Interlocutory Relief; and see the Fayette Circuit Court’s June 27, 2017, Temporary Injunction.
Don Pisacano was successful at the Kentucky Supreme Court in a case involving application of an insurance policy provision to the collapse of a structure caused by termite damage. Read the Thiele v. Kentucky Growers Insurance, 2015-SC-158, June 15, 2017, Opinion.