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In The News

Law to curb ‘frivolous’ appeals of commercial development upheld by the Court of Appeals

November 22, 2022 By Hagan Properties

NOV
22

By Eleanor Tolbert  – Reporter, Louisville Business First
Nov 22, 2022

The Kentucky Court of Appeals recently upheld the constitutionality of a law that aims to minimize lawsuits and appeals with the sole purpose of slowing major developments.

The law, KRS 100.3471, requires opponents of a development to post a bond when seeking to appeal Circuit Court decisions upholding those developments. It was passed in 2017.

According to the statute, an appellee, such as a developer, can file a motion in Circuit Court requesting an appeal bond be posted by an appellant. The circuit court in question would then conduct a hearing to gather findings of fact and set a bond amount.

Nick Pregliasco, an attorney with Louisville-based Bardenwerper Talbott & Roberts PLLC, explained if the appeal is deemed presumptively frivolous after that hearing, an appellant could be required to post a maximum bond up to $250,000. Appeals not deemed presumptively frivolous could still bring a maximum bond amount of $100,000.

The appeal can be dismissed if the bond is not posted within 15 days, according to court documents.

“Bonds have been required by the court for an appeal, so it was just a matter of time before one of those was then ultimately challenged,” Pregliasco said. “In this case, there were three different challenges, and they all were decided at the same time.”

When drafting the bill, the General Assembly stated the purpose of the statute was “to curb unnecessary appeals of land-use causes because appeals burden the courts, cause loss of jobs and loss of tax revenue, and many times render time sensitive projects such as multifamily affordable housing undevelopable.”

Local developer Scott Hagan, CEO of Hagan Properties, was an advocate of the statute since its inception. He said it took three years and many resources to get the initial bill passed.

The Court of Appeals upholding the law is a huge win for the Kentucky business community, Hagan said, because it enables developers to have a mechanism to limit lawsuits with the sole purpose of stalling development.

“This statute goes a long way toward balancing the interests of zoning opponents and developers/land sellers. It provides for zoning opponents to be heard at the applicable planning commission and then to appeal that decision to the applicable Circuit Court,” Hagan said. “But then, assuming they want to appeal the Circuit Court decision to the Kentucky Court of Appeals they must post a bond in varying amounts as determined by the Circuit Court judge. Shortening these appeals will prevent loss of income by developers, loss of tax revenue and loss of construction and permanent jobs.”

Three cases across the state took the statute to the Kentucky Court of Appeals, arguing it was unconstitutional. In all three cases, the appellants were contesting a decision from each respective circuit court.

The court documents show the cases were: Bluegrass Trust for Historic Preservation v. Lexington Fayette Urban County Government Planning Commission; Com. Of Kentucky ex re. Cameron v. Boone Development LLC; and Raz Inc v. Mercer County Fiscal Court.

Each case argued the law was unconstitutional because it infringes on the separation of powers, imposes a penalty on the right to appeal and violates the equal protection clauses of the U.S. and Kentucky constitutions, according to court documents.

The Court of Appeals denied those claims. In the analysis of the cases, written by Chief Judge Denise Clayton and judges Sara Combs and Donna Dixon, the documents said the law does not violate the separation of powers because “the Kentucky Constitution allows the legislature to define the Court of Appeals jurisdiction.”

The Court of Appeals also states the argument about an unconstitutional penalty is a facial challenge, meaning it is based on an argument that the requirement cannot be applied fairly or reasonably in any situation, according to Law Insider. The document said this is the hardest challenge to argue “since the challenger must establish that no set of circumstances exist under which the statute would be valid.”

In this case, the challengers failed to make that argument, the court documents said.

Lastly, the Court said the statute does not violate the equal protection clauses because those clauses require a statute have a reasonably conceived state of facts, and the purpose of the law was deemed to have a reasonably conceived state of facts.

Filed Under: In The News

Growing doughnut chain to open location in East End shopping center

October 14, 2022 By Hagan Properties

OCT
14

By Eleanor Tolbert  – Reporter, Louisville Business First
Oct 14, 2022

 A bakery franchise is opening its second location in East Louisville.

Duck Donuts has plans to open a second shop in Middletown Station. It will be taking up a 1,500-square-foot unit in a new two-tenant building on the property — the other tenant being Playa Bowls.

The bakery is known for its made-to-order vanilla cake doughnuts, allowing guests to customize their dozen with their choice of toppings. Jeff Penn, owner of Duck Donuts in Louisville, said the store also serves doughnut breakfast sandwiches and partners with Comfy Cow to offer ice cream.

The first Duck Donuts location opened in February 2021 in Shelbyville Road Plaza. Hagan Properties manages both the plaza and Middletown Station.

The new location is anticipated to open in spring 2023. Penn said Louisville has been very receptive to the first location and figured Middletown was a good fit for a second.

“We liked the area,” Penn said. “It was easy working with the same landlord as we already have … and it checked all my boxes with being close to an apartment complex, Target, Walmart.”

Penn also said the franchise is looking to pull more customers from further outside Louisville in Oldham County. Being close to the Gene Snyder Freeway with the new Middletown location permits that.

Ground has been broken on the new buildings. Penn said the contractor on the project is Tom Boucher with Bravo Construction. The architect has yet to be determined.

He declined to disclose the total investment into the project. He said constructing the building from scratch has been more efficient, as the business has a blank canvas to work with.

Penn will be looking to hire about 40 to 50 employees closer to the new storefront’s opening. Penn owns all the Duck Donuts in Louisville and Lexington, Kentucky, and he’s interested in opening at least one more in Louisville. After the Middletown Station location is complete, however, he said his next store will likely be in Lexington.

Russ DiGilio, founder and CEO of Duck Donuts, launched the brand in 2007 in the town of Duck in the Outer Banks of North Carolina. It now has over 100 shops nationwide.

Filed Under: In The News

EXCLUSIVE: Local developer plots new East End apartment complex

September 29, 2022 By Hagan Properties

SEP
29

By Eleanor Tolbert  – Reporter, Louisville Business First
Sep 29, 2022 Updated September 29, 2022 4:15 PM EDT

Louisville-based Hagan Properties has a few projects in the works, including a new multifamily development off Shelbyville Road.

The developer submitted plans this week for Locust Creek Apartments, a 370-unit apartment complex at 18501 Shelbyville Road. The plans show the complex will consist of 16 three-story buildings on about 27.5 acres.

Layson Hagan, principal and developer with Hagan Properties, said the units will start at 720 square feet and go up to 1,720 square feet. The rental rates will range from about $1,100 to $2,500.

Several amenities are including in the complex’s current design, including two dog parks, a pet spa, a swimming pool, a playground and clubhouse. Hagan said 30% of units will have direct access to garages as well.

The project is still in its early stages, so there isn’t a timeline in place for construction just yet. Hagan said the firm has a few other projects in the pipeline that will likely be delivered before Locust Creek, including the 520-unit Providence Point Apartments located on Herr Lane.

The plans show Gresham Smith, which has an office in Louisville, will be providing its services to the project. Hagan said Hagan Properties has an in-house construction company that usually provides contracting services on the firm’s multifamily projects.

Because the project is in its infancy, Hagan said there isn’t an estimated total cost yet.

The parcel of land was attractive because of its availability on a busy road, he noted.

“This property came onto our radar about a year ago. It was zoned R6 back in 1999 and it is one of the last remaining undeveloped parcels on Shelbyville Road that falls within the limits of Jefferson County,” Hagan said. “We met with the current landowner, Mr. Maurice Sweeney, and hit it off right away.”

The property is close to Louisville’s outer limits, but still remains in Jefferson County. Hagan said several demographics will find the location appealing, including families, millennials, young professionals and retirees.

Hagan Properties built several other multifamily projects around Louisville, including the 470-unit Victory Knolls and the 356-unit 9910 Sawyer Apartments, a sprawling upscale apartment complex that backs up to E.P. “Tom” Sawyer State Park.

We previously reported the firm is investing about $48 million into a 324-unit apartment complex on 19 acres at 8000 and 8006 Cedar Creek Road.

Filed Under: In The News

New-to-market restaurant to open two Louisville locations, including Shelbyville Road Plaza

September 16, 2022 By Hagan Properties

SEP
16

By Eleanor Tolbert  – Reporter, Louisville Business First
September 16, 2022 

A new-to-market, health-conscious chain will be opening soon in two popular shopping centers.

Playa Bowls, based in New Jersey, is a fast-casual restaurant that will be opening in the Shelbyville Road Plaza and Middletown Station. Sarah Cook Thiess and Brett Thiess are the local operators of the restaurants.

In a recent interview, Sarah Cook Thiess said the company specializes in bowls containing superfoods like acai, pitaya, chia pudding and more. Customers can also choose between a variety of toppings like fruit, nuts, granola and nut butters. Playa Bowls serves smoothies and juices as well.

“There are no artificial flavors. There are no syrups,” Thiess said. “There are no sugars being added to anything. We actually reduce the sugar level in many ways with all the fresh fruit.”

Both shopping centers are owned by Hagan Properties. The first location to open will be in the Shelbyville Road Plaza. The restaurant is taking up the approximately 1,900-square-foot former Murphy’s Camera, it the target opening date is in the end of 2022.

The second location is a new construction project in Middletown Station. The developeris building a two-tenant building in the shopping center, with Playa Bowls taking up one of the spaces. That’s anticipated to open in the spring of 2023.

The general contractor on both projects is local firm Churchill McGee. Thiess declined to disclose the investment into the new restaurants.

Thiess said she wanted to bring Playa Bowl to Louisville because it’s one of her favorites when she’s traveling.

“I became familiar with them while traveling to places like West Hartford, Connecticut, and out to Scottsdale, Arizona, where they have locations,” Thiess said. “And every time I would go, I was like, ‘This is amazing’ … I would eat there at least once a day during my visit, which sounds crazy, but it is because there are so many options.”

St. Matthews and Middletown seem like the right fit for Playa Bowl because of the other healthy food options in the area, Thiess said. Specifically with Shelbyville Road Plaza, she said Trader Joes, CycleBar, as well as other gyms and Whole Foods nearby, will complement the new business.

This is a new venture for Thiess. Prior to this, she’s served in several positions at Humana for about 14 years. She said operating a franchise pulls in all the pieces of her passions and past experiences into one role.

If she had to summarize her career, she said the first half was spent in project and portfolio management, and the last half were spent devising different strategies within health care.

“I’ve always enjoyed marrying those two worlds,” Thiess said. “And that’s what this does, between overseeing a really huge project, and building relationships within the community, as well as within your own business team. But also having to create a strategy about what the right timing is for everything.”

Playa Bowls was founded by Rob Giuliani and Abby Taylor in 2014. It now has over 150 locations.

Filed Under: In The News

Old Navy opens in Shelbyville Road Plaza

September 7, 2022 By Hagan Properties

SEP
7

By Eleanor Tolbert  – Reporter, Louisville Business First
September 7, 2022 Updated September 7, 2022 3:31 PM EDT

Louisville shoppers have a new place to go in St. Matthews.

Old Navy opened Wednesday in Shelbyville Road Plaza. The clothing retailer is taking up over 15,000 square feet in the busy shopping center.

The store sits between Nordstrom Rack and Guitar Center in the plaza. It was formerly home to the Nike Factory Store, which closed in January.

The shopping center, managed by Hagan Properties, is stacked with other well-known brands, including Trader Joe’s, Quest Outdoors, JoAnn’s, Buff City Soap and CycleBar.

Old Navy is owned by San Francisco-based Gap Inc. There are a few other Old Navy locations in Louisville, including in Jefferson Mall and the Springhurst Town Center, as well as Gap and Banana Republic stores.

While Nike has moved out of the plaza, it could be opening another store down the road. The company filed plans in August for a store in Oxmoor Center. The plans show the Nike By Louisville will take up 4,900 square feet in the mall.

Right now, the only Nike location in Kentucky is the Nike Factory Store in the Outlet Shoppes of the Bluegrass in Simpsonville. The Lexington Herald-Leader also reported in August a Nike store is opening in The Summit at Fritz Farm.

The permit applications filed to the city of Lexington showed the store will be the retailers new Nike Live concept, which is a members-only store with a focus on mobile and a two-week merchandise rotation, Retail Dive reported.

Filed Under: In The News

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Hagan Properties

12911 Reamers Road
Louisville KY 40245

P: (502) 245-8800
F: (502) 245-7747
info@hagan.com
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