NEWSA10 | TUESDAY, SEPTEMBER 22, 2020 | TIMES-TRIBUNE

A10 NEWS (PROCESS)

Haley Wright, Au.D., CCC-AEast Tn Ear, Nose & Throat Specialist, PC1 Trillium Way Corbin, KY 40701(606) 523-8770Began practice in 2000

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Lisa Naylor, APRNEast Tn Ear, Nose & Throat Specialist, PC1 Trillium Way Corbin, Ky 40701(606) 523-8770Began practice in 1991

Frederick A. Bunge, M.D.East Tn Ear, Nose & Throat Specialist, PC1 Trillium Way Corbin, Ky 40701(606) 523-8770

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things in between.Pace said you really

take things for granted and don’t realize how spe-cial these friendships are at the time.

VonGruenigen was one of a kind in the fact that she always found cause to celebrate something.

Pace said she always told VonGruenigen that

when she grew up, she wanted to be just like her.

Lowe echoed her moth-er’s sentiment.

“She was very special to all of us,” said Lowe. “She was so full of life. She’s one of the most pos-itive people I’ve ever met. She had the best outlook on life.”

Pace admired VonGruenigen’s strength and humility.

“In all the years that I’ve known her I’ve never

heard her say a negative word about anyone,” said Pace. “And we always had so much fun she’s the life of the party.”

In consideration of the COVID-19 pandemic all services will be private. Arrangements will be provided by the Vankirk-Grisell Funeral Home. In lieu of flowers, donations are requested to be made to First Baptist Church, 401 N. Laurel Avenue, Corbin, KY 40701.

MAXINECONTINUED FROM PAGE A6

Holidays, birthdays and even the simplest of things gave cause for VonGruenigen to celebrate. | PHOTO CONTRIBUTED

es without unreasonable delay. The lawsuit says that Tract 1

does not meet the requirements for annexation set forth by Kentucky law because it isn’t adjacent to London’s current boundaries. It also states that even if the tract were adjacent, it remains unsuit-able for annexation as it fails to serve a municipal purpose and fails to satisfy the requirements of KRS 81A.410.

It goes on to state that Tract 2 would only meet the adjacent or contiguous requirement once Tract 1 is annexed and argues that the annexation of Tract 2 must be delayed as a result.

“The annexation of Tract 1 is a ruse designed to artificially extend London’s boundaries to Tract 2,” reads the lawsuit. “This is a classic, and prohibited, corri-dor annexation.”

Tract 1 would expand London’s boundaries nine miles down I-75, until it reaches the boundaries of Tract 2. In total, the two tracts would expand London’s bound-aries by 639 acres of property, with 85 percent of it representing undeveloped territory along I-75.

And while KRS 81A.410(3) allows for a city to annex multiple tracts of land simultaneously, it may only do so if both tracts are adjacent to the city’s boundaries at that time, but are not adjacent to one another. Therefore, even if both Tract 1 and 2 were adjacent to London’s boundaries, the law-suit says that because both tracts are adjacent to one another, this voids London from simultane-ously annexing both.

The ordinance describes Tract 2 as voluntary annexation with G&M Oil Company, who owns property located at the intersec-tion of I-75 and US 25E. The

company had filed an irrevocable request for annexation into the city of London in June and had sent two previous letters making the request; one in August 2012 and again in April of last year.

However, the lawsuit points out that while the aforementioned Kentucky statue does permit vol-untary annexations when a com-pany owner requests it, it does not excuse the fact that G&M’s prop-erty is located nine miles south of the city of London’s southern most border and thus cannot be described as adjacent or contigu-ous with the city’s existing board-ers.

The lawsuit also says that because Tract 1 is an involuntary annexation, the city of London is required to provide public notice of the annexation and that a final action to annex the territory can-not take place until after a 60-day protest period, which would begin following the second reading of the ordinance. The city did not do so, the lawsuit says.

The lawsuit states that a con-troversy exists because London failed to notify Corbin of the pro-posed annexation of Tract 1 which houses utility infrastructure for water and sewer services, which is owned by the City of Corbin.

It then quotes KRS 81A.427 (3) which directs a city proposing annexation of a property with util-ity infrastructure owned by a dif-ferent city to send a notice of the proposed annexation to mayor of the city who owns said infrastruc-ture no later than 14 days prior to meeting of which the second reading of the ordinance will be read.

“Such notice was not provided to Corbin by London,” the lawsuit claims.

The lawsuit was filed by Patrick Hughes and Danyel Rickman of Dressman Benzinger LaVelle PSC of Crestview Hills, Kentucky.

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