HARRODSBURG - A Harrodsburg man has filed a lawsuit against the Mercer County Fair and Horse Show alleging that excavation work done at the fairgrounds to fix problems related to an earlier lawsuit have damaged his property.
Joe M. Roby, who lives on Fairview Court adjacent to the fairgrounds, filed the complaint Tuesday in Mercer Circuit Court, naming the fairgrounds and contractor Claunch Construction as defendants.
In 2009, another adjacent property owner, identified by the last name of Cromer, filed a lawsuit against the fairgrounds alleging that the excavation work caused excessive surface water to run off on to Cromer’s property. That lawsuit was settled out of court, according to Roby’s complaint.
In response to the Cromer litigation, the fairgrounds did additional work to prevent further run-off on the Cromer property but that additional work has caused damage to Roby’s property and the fairgrounds management has ignored repeated requests to correct the problems, the Roby complaint maintains.
Water accumulates on the fairgrounds property immediately behind Roby’s property and causes an overgrowth of weeds and mosquito infestation, the lawsuit charges. Water from the fairgrounds also seeps into Roby’s land carrying potentially harmful coal ash and causes Roby’s property to flood during heavy rains, the complaint contends.
Intentionally changing the topography of the fairgrounds has “interfered with the use and enjoyment of Roby’s property” and decreased its fair market value, the lawsuit alleges. It seeks an unspecified amount of compensatory and punitive damages, along with a temporary injunction requiring the fairgrounds to take immediate action to prevent further flooding and erosion.
Danville attorney Casey D. Baker filed the complaint on behalf of Roby.
The fairgrounds management and Claunch Construction have not yet responded to allegations made in the lawsuit.