Daily Independent (Ashland, KY)

November 21, 2012

Carter court seeks ag lease for property

Joe Lewis
The Independent


CNHI News Service

GRAYSON Carter Fiscal Court met Tuesday to discuss leasing plans for a section of county property and to conduct monthly business.

At the meeting’s outset, magistrate Clifford Roe moved to advertise for leasing bids for agricultural use on a 31-acre section of property between the county jail and East Cater Middle School.

Roe recommended term options between one and three years for those interested in leasing the property.

Mignon Colley then brought to the court’s attention recent action by the Grayson City Council that outlines plans to zone at least a portion of that property for recreational purposes.

Roe rebutted, stating that the property had been used for several years for agriculture, noting that corn had very recently been harvested there.

According to documents presented to the Grayson Council by the city’s Planning and Zoning Commission, however, a “strawman” deed of restrictive covenant was established on May 25, 2006, limiting that section of property from being used “for any purpose other than that of a recreational park.”

“The state auditor doesn’t recognize that deed,” said Judge-Executive Charles Wallace during discussion of the motion.

It is currently unclear what authority the state auditor has in determining the legitimacy of a deed, however, as documents of that sort are typically approved and managed by the county clerk.

Roe’s motion was approved 4-0 with Magistrate Brad Brammell saying that any conflict with the city should be discussed before a lease is signed.

In other business, Brammell reported that a preliminary hearing in the case of Renee Stewart and County Attorney Patrick Flannery vs. the Fiscal Court is scheduled for Nov. 29 at the Carter County Justice Center.

JOE LEWIS can be reached at jlewis@journal-times.com or by telephone at 286-4201.