NICHOLASVILLE, Ky. (LEX 18) — Months after discovering high levels of toxins in the soil, a non-profit in Jessamine County is suing the city and local school board over their alleged role in contaminating the property.
The Jessamine County Homeless Coalition has officially filed a lawsuit against the City of Nicholasville and Jessamine County Schools for punitive damages, loss of property value, and loss of income due to the environmental risk, risk of injury, and cost of remediation of the site.
Executive director Johnny Templin says it was their last resort after trying to work with the two on a solution.
"We weren't too quick to pull any triggers or anything. This has been an ongoing conversation that we've had to drive," said Templin.
The lawsuit claims the district and city intentionally withheld, misrepresented, or omitted material facts relating to the soil contamination and knew this would cause damage.
"There's scientific evidence that there was burn piles that are contaminated and there's only two people on record that have owned it, both government agencies and they just don't want to get involved. They turn their cheek and it's not us. When will our elected officials just start standing up for what's right?" said Templin.
The Jessamine County Homeless Coalition is specifically accusing Jessamine County Schools of negligence by omission and misrepresentation of the property they purchased from the school at 506 Broadway in Nicholasville in 2019.
Through its claims, the organization plans to argue that contamination discovered after soil testing in 2023 was a result of the district's use of the property, including the demolition of a building at some point.
Last summer, Jessamine County Schools said the district had no knowledge of high levels of toxic metals or potential health hazards relating to the land. Spokesperson Patrice Jones said the building demolished at the site was no longer needed.
In response to the lawsuit filed, Jones said the school is unable to comment due to the ongoing process.
The City of Nicholasville is listed as the owner before the school and is also being accused of contaminating the property by using it as a dump site and not sharing that information.
Mayor Alex Carter said last summer that the city was not aware of where the contamination came from and was still researching the situation.
On Friday, he sent this updated statement challenging the claims made in the lawsuit:
"The City of Nicholasville has not yet been served with this lawsuit, but the Plaintiff's attorney sent an advance copy of the complaint to our city attorney. This lawsuit references a parcel of land the city has not owned since the early 1950s. We do not believe the litigation is well founded in the facts or the law with respect to the claims against the city. This City of Nicholasville has previously communicated with the owner's representatives and have offered to assist the Plaintiff in applying for grants from the state government that may be available to address their concerns. As always, it is our intention to make every effort to do what is best for the residents of Nicholasville."
While a court case could go on for years, residents who live nearby, like Jenny Peeron, say they need communication now from elected officials.
"We want to know what's happening to our land, to our water. Like we have a right to know if it affects our bodies, if it affects our children. We don't want to know after something happens," said Peeron.
Templin says while the non-profit can't afford the clean-up on its own, it plans to apply for an EPA Brownfield clean-up grant in November when the application opens again.
"We're committed to having a plan in writing that remedies this issue so that when kids are riding their four-wheelers or playing in the dirt, it's safe for them. As you can see, that can't happen right now, and you can see they do it from the debris."
The application for grants for fiscal year 2024 closed in November of 2023. The EPA says the grants are competitive.
Jessamine County Homeless Coalition is also asking for the property contract to be terminated.
