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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 back in Hardin Circuit Court Thursday afternoon for a hearing on Penney Property’s motion for an injunction to halt renovations at the Towne Mall facility.

Zachary VanVactor with Stites and Harbison PLLC called Bill DeMuth as his first witness. DeMuth retired recently from his position as JCPenney’s real estate director, in which position he oversaw development at shopping mall properties. DeMuth said during testimony that he was not part of the recent lease negotiations between Penney Properties and Linnick Investments but he did respond to communication from Linnick owner Tim Aulbach on a proposal for a loading dock to be shared between JCPenney and Bealls. DeMuth said the company denied the proposal for security reasons, and he said Aulbach did not say anything to him about the installation of the wall that was built over the store’s interior entrance to the mall, which was covered as part of plans to renovate Towne Mall into an outdoor shopping space and to move Bealls into the space next door. 

When asked by Linnick’s attorney Shawn Williamson with Wyatt, Tarrant, and Combs LLP about the floorplan for the renovated mall being sent to DeMuth with the loading dock request, DeMuth said no specific request was made regarding the new layout for the mall.

Aulbach was then called as a witness by the plaintiffs. When VanVactor said Aulbach never sent any official plans on the renovations to the addresses listed in the lease agreement between the companies, Aulbach said nobody from Penney Properties said the information needed to be sent to those addresses when discussing the loading dock. Aulbach later said the renovations only became an issue when JCPenney asked to renegotiate its lease agreement. Aulbach said the company’s lease is due to increase to $4 per square foot beginning in 2026, but the company asked to stay at the current rate of $1.90 per square foot. Aulbach said that rate is well below market value and doesn’t offset the $700,000 he has put into roof and HVAC upgrades along with improvements to the building’s exterior. 

When defense attorney Corky Coryell asked Aulbach what impact an injunction would have on the property, Aulbach said “Staggering. It might even ruin us.” Aulbach said stalling the work jeopardizes the $10 million commitment from Malibu Jacks and a $3.5 million lease extension from Belk’s currently in place, as well as about $10 million in potential tenant commitments.

The hearing was adjourned after about five hours with at least one more witness due to be called. The plaintiffs, defense, and court will set the next court date after consulting schedules.

Kentucky Fish and Wildlife officials are evaluating the next steps after a deer from a Breckinridge County farm tested positive for chronic wasting disease. 

Kentucky Department of Agriculture lab testing confirmed that the dead deer had chronic wasting disease. It’s the second recorded case in Kentucky this year and the first in a captive cervid.

KFW says CWD is caused by prions and affects white-tailed deer, elk, and other animals in the deer family. The disease has no known cure or vaccine, and is always fatal in infected animals.

The disease is not known to be transmissible to people, but the Centers for Disease Control and Prevention recommends not consuming meat from an infected animal or an animal that appears to be sick or in poor condition. The Department of Agriculture has issued a quarantine restricting movement of deer or deer products into and out of the Breckinridge County farm.

Hunters can aid statewide monitoring by reporting sick deer to KFW and by dropping off the head of legally harvested and tele-checked deer for testing and aging at self-serve CWD sample drop-off sites. Location information, instructions, and more information on this free service is available on the KFW website.

More information on efforts to contain CWD can also be found on the KFW website.

The Elizabethtown City Council met for a special meeting Monday.

The first reading was held on an ordinance amending the zoning of 204 Jackie Street from Future Development Holding to Urban Residential General (R-4), which would accommodate a new subdivision. Council Member Julia Springsteen said residents had concerns with the narrowness of the road and confusion between where the area goes from city to county management. City Administrator Ed Poppe said the city plans to put up new signage and has plans for improvements.

“I think what we will do, in conjunction with the development of that new subdivision, is look at an overlay on Jackie Street to look at the pavement,” Poppe said. “We’ve also, as you all are aware, from the money that you all put in the budget each year for us to look at sidewalk connections, it’s now on our sidewalks team list.”

The council approved a municipal order that awards a water design services contract to Kimley-Horn and Associates for work in the Commerce Drive area around the planned outdoor concert venue. Poppe said the $141,000 contract covers three or four smaller projects

“There’s an upgrade to the line under U.S 62,” Poppe said. “There’s an upgrade to the line along Main Street, the line up to Commerce Drive, and then along Commerce Drive to make sure we have the proper flows for fire protection at the outdoor music venue.”

The water projects are a joint venture between the city and Hardin County Water District No. 2.

The council also approved municipal orders approving a change order for work on Meadow Lane, a $58,910 bid from Davis Leak Detection LLC for a required natural gas leak survey, and a $95,000 contract with CMW Inc. for professional services on several parks and recreation projects.

The Elizabethtown City Council will next meet on October 21.