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"it could have been anyone of us"
Rose Island Road Neighbor
UPDATE on Legal appeal
ROSE ISLAND GLEN PLAN APPROVAL VACATED ON APPEAL IN OLDHAM COUNTY CIRCUIT COURT
On Friday, August 19 the Oldham County Circuit Court vacated (reversed) the May 2021 Planning Commission’s approval of the Rose Island Glen subdivision preliminary plan based on the question of use of septic vs. sanitary (public) sewer lines. Other appeal complaints, in particular the traffic safety hazards on Rose Island Road, were dismsissed.
"As the Plaintiff has established there is no issue of material fact, they are entitled to judgment under the law with regard to the sole issue of approval of the Rose Island Glen subdivision preliminary, including the proposal for individual septic systems, without findings by the Commission that the subdivision was not within ½ mile of a sanitary sewer line. "
“The Oldham County Planning and Zoning approval of the preliminary subdivision plan, PZ-21-010, Rose Island Glen, is vacated and remanded to the Commission for further review consistent with this Order.”
The Judge found in favor of the Rose Island Road Community Preservation Alliance's appeal that the Oldham County Planning Commission did not make a definitive case for approving the use of septic vs. sanitary sewer systems, citing the Oldham County Subdivision Code’s (OSCR4.7) requirement that sanitary sewer “shall” be used if sanitary sewer service is “reasonably accessible” to any portion of the development boundary. The Judge’s interpretation of the Code’s requirement appears to establish a precedent for the current or future developers to follow regarding this land parcel.
The Alliance will continue to vigilantly monitor the Commission’s actions going forward and engage when opportunities are afforded. The full text of the Judge’s ruling is included in the "Resources" section of this webpage and is available through this link:
2022.8.19 Oldham County Circuit Court Order Vacating Rose Island Glen Approval.
The Judge’s ruling marks the successful culmination of 15 months of active support, donations, legal appeal activity, and patience from the Rose Island Road community.
Many thanks to the Alliance’s supporters in the Rose Island Road Community
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The Rose Island Road Community Preservation Alliance is a not for profit organization staffed by unpaid volunteers dedicated to preservation of the essential character of our community.