Saturday, October 23, 1999
Elsmere sues over decision for jail
City says state law violated
BY CINDY SCHROEDER
The Cincinnati Enquirer
COVINGTON — Kenton Fiscal Court's decision to build a jail in Elsmere violated state law and should be overturned, Elsmere argues in a lawsuit filed Friday.
The suit argues that Kenton Fiscal Court's decision to locate the jail in Elsmere violates state law, because the location “does not provide reasonably available space which will not disrupt (the) operation of county government.”
It also says the fiscal court's decision “was arbitrary and capricious, and violated the Kentucky Constitution.”
“We think that there is a requirement on the jail being placed in a reasonable location in relation to the county courthouse,” said Elsmere City Attorney Bob Carran. “We think we can clearly show that sticking it on the other side of the county isn't reasonable.”
Kenton County Attorney Gary Edmondson could not be reached for comment Friday night.
“If Covington does supply approximately 50 percent of the jail inmates, then on any given Friday or Saturday night, it's reasonable to believe Covington could have two to three units off the streets of Covington and in the southern end of the county,” Mr. Carran said.
Hearing set Nov. 1
The city of Elsmere is seeking to intervene in an earlier lawsuit that Mr. Edmondson filed on behalf of Kenton Fiscal Court. That suit sought to clarify that the fiscal court had the sole authority to decide the jail site.
The county also had asked a judge to determine that the distance between the Kenton County Justice Center near Covington's riverfront and the proposed jail site in Elsmere did not violate Kentucky law.
A hearing on the matter has been set for Nov. 1 in Kenton Circuit Court.
When Kenton County officials decided to locate the jail on Foundation Road in Elsmere, they did not consider Elsmere residents' due process rights, the lawsuit said.
Kenton Fiscal Court also acted “in an arbitrary and capricious manner to the detriment of the residents of the city of Elsmere and surrounding cities, and to the taxpayers of Kenton and Boone counties,” Elsmere's lawsuit said.
Procedure questioned
According to Elsmere's lawsuit, the Fiscal Court:
• Failed to follow proper procedures and criteria for site selection and construction of the Kenton County Jail.
• Failed to adopt proper procedures for public notice and public participation in the site selection process.
• Failed to properly consult with the Northern Kentucky Area Planning Commission regarding the site.
• Chose a site that was inappropriate in that it failed to properly consider and select other sites more appropriate for construction of a jail, and failed to properly examine, study, test, and analyze the site and the jail's impact on the surrounding community.
“The wholly Republican Kenton County Fiscal Court failed to consider the interests of the largely Democratic city of Elsmere,” the lawsuit said.
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