The London City Council’s voted Thursday to annex property in north Corbin. On Monday, the City of Corbin filed a lawsuit in order to stop the annexation from moving forward.
According to the lawsuit, which was filed in Laurel Circuit Court, Corbin is arguing that the tract that was annexed along Interstate 75 from the current London city limits at Exit 38 to south to Exit 29 would constitute an involuntary annexation as it was necessary in order for the former King’s truck stop property on West Cumberland Gap Pkwy. to be annexed.
“Because Tract 1 (Interstate 75) is an involuntary annexation, London is required to provide public notice of the annexation and may not take final action to annex the territory until a 60 day protest period has elapsed,” the lawsuit stated noting the protest period should begin to accrue after the second reading of the ordinance.”
Until the issue with the I-75 property is resolved, the lawsuit argues that the annexation of the property owned by G&M Oil must be delayed.
In addition, the lawsuit states that more than 85 percent (548.74 acres) of the 639 acres of property in the two tracts of property London has attempted to annex is undevelopable as it is the I-75 corridor.
“This is classic and prohibited, corridor annexation,” the lawsuit stated.
In addition, Corbin contends in the lawsuit that the I-75 tract is unsuitable for annexation because it is not urban property, or suitable for development.
Corbin has, and is continuing to argue that it installed and maintains the utilities that serve the area.
“They are all over,” City Manager Marlon Sams said when asked if the utility lines are located in a certain area of the roadway.
According to the lawsuit, London officials violated Kentucky law by failing to properly notify Corbin officials via certified mail at least 14 days prior to the second reading of the annexation ordinance.
“The ordinance proposing annexation of Tract 1 (I-75) and Tract 2 (the G&M Oil property) states: ‘the city council are aware of no evidence to indicate utility infrastructure owned by another city is in the territory proposed to be annexed,” Corbin stated in the lawsuit noting that the annexation map fails to depict any of the utilities.
Corbin is asking the court to declare that the two tracts are not suitable for annexation