A Judge in Rowan County has dismissed a lawsuit against the City of Morehead.
The Morehead City Council adopted an Ordinance in December 20-20 creating a tax increment financing district in an area designated for business and commercial development. The area was primarily occupied by North Fork Mobile Home Park, and displaced residents filed a lawsuit in June.
The suit alleged the city failed to meet legal requirements to establish the development area and did not consider the impacts it would have on residents, or give them proper notice. They asked the court to void the ordinance, and create a new one preventing future displacements.
On Tuesday, Judge William Layne filed a dismissal of the suit, stating that the city adopted the Ordinance in furtherance of economic growth under its broad “home rule” powers. Lane said the plaintiff lack constitutional and statutory standing and refused to entertain a suit which he says was quote “brought to vindicate non-justiciable interests.”
Here is the Plaintiff’s lawyer, Ben Carter, during oral arguments for the motion to dismiss the suit in August.
Judge Layne said in the ruling that the plaintiffs admitted that the relief they seek will not redress the alleged injuries, which was grounds for the suit’s dismissal. The decision is appealable, but Carter has not yet responded to request for comment.