The Fayette County Housing Authority sought to condemn a privately-owned apartment complex under the Kentucky Eminent Domain Act to build a low-income housing building for the elderly. MGM successfully defended the suit in circuit court, defeating the government’s effort. The Housing Authority appealed. The Court of Appeals affirmed the trial courts’ ruling, finding that the Housing Authority’s taking was not authorized by statute and that they had acted in bad faith and lacked justification in attempting to condemn the private properties where other better-suited properties were readily available. The trial court ultimately awarded recovery of attorneys’ fees because of the bad faith finding.
Condemnation/private property/commercial property/public purpose/pubic use/bad faith/attorneys fees
