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Attorneys for Penney Property Sub Holdings LLC, which owns the Elizabethtown JCPenney, and for Linnick Investments LLC, which owns the Towne Mall, were in Hardin Circuit Court Tuesday morning.
Zachary VanVactor with Stites and Harbison PLLC, representing Penney Property Sub Holdings, asked the court for a hearing on a temporary injunction along with an emergency restraining order to stop work on renovations at the Towne Mall property. VanVactor said the change of the design of the mall from an indoor to an outdoor retail space violates JCPenney’s lease. The attorney said the lease gives JCPenney the rights as an anchor tenant to have input on the design of the facility, and the store’s access to the rest of the mall has been walled off. VanVactor said the restraining order is necessary as each day that progresses with more work means more damage to JCPenney’s anchor rights.
Corky Coryell with Wyatt, Tarrant, and Combs LLP, representing Linnick Investments, said the JCPenney company has known about the redesign plans since the beginning of the year, and Coryell said at the time they were informed the company said they were thrilled with the potential the design offered for the property. Coryell said the wall blocking the entrance to JCPenney went up in July, and the store has installed shelving on the wall and is selling merchandise on it. The attorney said no objection was raised on the construction until a rent concession request was denied two weeks ago. Coryell said stopping the work on the mall now potentially jeopardizes nearly $10 million in possible commitments from future tenants.
Hardin Circuit Judge Larry Ashlock denied the request for a restraining order, as the judge said the work that JCPenney wanted stopped has already taken place, and both parties would still have the potential to seek damages through a later breach of contract case. Judge Ashlock did grant the request for a hearing on an injunction, which was scheduled for Thursday, October 17 at 1 p.m.
The trials for the three men charged in the Crystal Rogers investigation are officially moving out of Nelson County.
Nelson Circuit Court Judge Charles Simms III issued an order Monday to move the trials of Brooks Houck, Steven Lawson, and Joseph Lawson to Warren County.
According to the order, the defense attorneys for Houck and the Lawsons along with the special prosecutors agreed that the jury trial could be conducted in either Christian or Warren counties. Judge Simms noted in the order that Kentucky law states that “the change shall be made to the nearest county to which there is no valid objection.” The Warren County Justice Center is about 102 miles away from Bardstown.
Special Prosecutor Shane Young said during a pre-trial conference in March that the prosecution agreed with the motion to transfer submitted by Houck’s attorneys. The original motion to transfer requested either Boyd or Daviess counties, and the prosecution and defense previously submitted a proposal to Judge Simms to transfer to Christian County but the judge declined it after an on-site visit. Judge Simms said during the March pre-trial conference that the chosen venue needed to be large enough to accommodate members of the public and needed to have a separate entrance for jurors.
Judge Simms is expected to rule soon on the prosecution’s motion to try the three defendants in the same trial. The next pre-trial conference in the case is scheduled for October 25.
The Kentucky Transportation Cabinet has several resurfacing projects under way in Hardin County this week.
KYTC District Four says flaggers will direct traffic around milling and paving operations on North Mulberry Street from just east of Elizabethtown High School to Ring Road. Operations will run daily from 8 a.m. to 5 p.m. through Saturday.
Work is also taking place on North Miles Road from just north of Pear Orchard Road to Ring Road, with flaggers directing traffic around operations from 8 a.m. to 5 p.m. through Saturday.
Crews will also be working Tuesday on New Glendale Road from the U.S. 31W Bypass to U.S. 31W. That work should wrap at 5 p.m.
The projects are part of the push to get area paving completed ahead of winter. The KYTC says with several schools on fall break, areas around school buildings should be less congested, but drivers should still expect short delays and be prepared for slow or stopped traffic.
Meanwhile, KYTC District Four will also have crews this week along KY 245 between Bardstown and Clermont conducting drilling for core samples. Lane closures will be set up at various points along the roadway both westbound and eastbound.
Drivers should always use caution and watch for signage when approaching work zones.
Elizabethtown Community and Technical College, in partnership with HealthForce Kentucky, is expanding its Diagnostic Medicine Sonography Program to Owensboro Community and Technical College.
“There is so much growth in the healthcare workforce in Kentucky, and we just think this is a really great example of two colleges within the KCTCS system being able to work together to give students more options and more opportunities to strengthen Kentucky’s workforce even further, especially in the high-demand healthcare field,” said ECTC Director of Marketing and Public Affairs Sarah Berkshire.
ECTC says diagnostic medical sonography uses high-frequency sound waves to produce high-quality images of soft tissue and motion within the body. The program will prepare qualified individuals to become proficient in abdominal and obstetric/gynecological sonography. Participants in the program are eligible for the Work Ready Kentucky Scholarship.
The deadline to register for ECTC’s program has passed, but there is still time this week to sign up for the new Owensboro program.
“The deadline for applications to the Owensboro program is October 15, but it’s really important for prospective students to note that attending a pre-admission conference is required for applicants, and those are going to be held October 9 and on October 14,” Berkshire said.
The preadmission conferences will be accessible virtually. Visit ectc.us/sonography to find dates for the conferences and to learn more.