By Jim Hannah
Enquirer staff writer

COVINGTON - A local lawyer's attempt to stop construction of a new library has failed.

Eric Deters of Fort Mitchell had sued the Kenton County Public Library in state court to block purchase of property on Walton-Nicholson Road for relocation of the Independence Branch Library.

Deters wanted the library moved to near the Independence Town Center on land owned by his family. The location is where planners project high population growth. It is near a park, senior citizens center, three schools and the city government center.

Kenton Circuit Judge Gregory Bartlett dismissed Deters' suit Thursday. Deters claimed in his suit that the library board didn't hold public hearings when deciding on a site, but Bartlett found that public library boards are not required to hold such hearings.

"The plaintiffs' complaint likewise fails to allege fraud with sufficient specificity to avoid dismissal," Bartlett wrote.

Bartlett wrote that if Deters or others were unhappy with the library board, they could push for the board members' removal.

"Although I respect Judge Bartlett, he is not infallible," Deters said. "I'm going to file an appeal. This is far from over."

Deters also said he thinks Bartlett ruled in favor of the library because he doesn't want to be known "as a man who stopped a library." He also called for the library board to release to the public the contract signed to buy the Walton-Nicholson Road property.

"We are pleased with the judge's decision which allows us to proceed with acquiring this property," Library Director Wayne Onkst said in a written release. "We look forward to building a first-class facility that will be able to grow with the community and provide quality library services for central and southern Kentucky County for many years to come."

The library voted in April to close a crowded branch at the Cherokee Shopping Center on Taylor Mill Road and build a new, larger branch in Nicholson.

Construction is anticipated to begin in summer of 2005 with opening of the new library in fall of 2006.

E-mail jhannah@enquirer.com