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Public raises legal and ethical concerns over Legacy property MOU; commissioners pause action

December 30, 2024 | Bourbon County, Kentucky


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Public raises legal and ethical concerns over Legacy property MOU; commissioners pause action
Commissioners spent substantial public-comment time on a proposed memorandum of understanding involving land previously held by a private donor referred to as 'Legacy' and tied to a hospital project with Freeman. Commissioners and members of the public debated whether Legacy had fulfilled contractual obligations and whether deed 'callbacks' or deed restrictions should remain in place.

One commissioner said lots 1 and 2 already transferred to KRI and that lot 5 would be transferred back to Bourbon County for EMS, and that Legacy had "honored their end of the contract." Others and public commenters disagreed on whether the contract obligations were met and noted limitations on development while the deed restrictions remain in place. A public commenter summarized deed restrictions in the draft MOU, stating they include a list of prohibited uses recorded in the deed that would automatically terminate 10 years after recording; the commenter quoted restrictions as forbidding certain medical services (including abortion services), sterilization, assisted suicide, and similar services.

Another public commenter objected to an arbitration provision in the MOU that designates JAMS for dispute resolution and urged commissioners to consult counsel about potential arbitration costs before finalizing the MOU. The transcript records calls from some commissioners and members of the public to delay any decision until June to confirm that Freeman has "unlocked the door" and met its lease/obligation milestones, and to allow the incoming commission to receive documentation. The chair said staff would gather more information and possibly return the item to the agenda; the commission did not approve the MOU on Dec. 30.

The county attorney indicated he had delivered original Freeman agreements to Freeman's general counsel, Katrina Richards, and expected the county obligations to be satisfied after review. Commissioners said they would seek additional documentation, and one suggested the matter be revisited once more information is available.

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Scribe from Workplace AI
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