Circuit Court hearing set for asphalt case appeal

Following the filing of a motion of appeal by plaintiffs in the case against the city of New Albany concerning the zoning status of 1305 Munsford Drive, a circuit court hearing was set for Monday, Oct. 13 earlier this week.

The plaintiffs are seeking to appeal a recent board of aldermen decision to uphold the property’s current zoning status, despite plaintiffs’ belief that the property should be zoned agricultural.

In the appeal, which was signed by New Albany Mayor Tim Kent and subsequently filed with the Union County Circuit Court last Friday, the plaintiffs cite possible ethical violations in the case by New Albany city Attorney Bobby Carter, as well as two of the aldermen who participated in the vote two weeks ago.

The plaintiffs’ appeal also argues that the property was never rezoned as industrial property, in accordance with city ordinances and state laws. The plaintiffs first sought action from the city board to change the zoning status last fall, shortly after it was announced that Memphis-based asphalt company Lehman-Roberts planned to construct an asphalt plant at the site.

Circuit Court Judge Henry Lackey is expected to preside over the Oct. 13 hearing.