COMMONWEALTH OF KENTUCKY
BULLITT CIRCUIT COURT
DIVISION I
CIVIL ACTION No. 19-CI-00762
LOUISVILLE GAS AND ELECTRIC COMPANY

vs.

PLAINTIFF

DEFENDANT KENTUCKY HERITAGE
LAND CONSERVATION FUND BOARD’S
MOTION TO DISMISS WITH PREJUDICE

ISAAC W. BERNHEIM FOUNDATION, et al.

DEFENDANTS

Electronically Filed
******
NOTICE
This matter will come on for a hearing before the Bullitt County Circuit Court at
250 Frank E. Simon Avenue, Shepherdsville, Kentucky during its regularly scheduled
Motion Hour on Monday, January 6, 2020, at the hour of 9:00 am.
MOTION
Comes the Defendant, Kentucky Heritage Land Conservation Fund Board
(“KHLCF Board”), and for its Motion to Dismiss with Prejudice pursuant to Kentucky
Rule of Civil Procedure 12.02 for lack of subject matter jurisdiction, states the following:
The Plaintiff, Louisville Gas and Electric Company (“LG&E”), failed to tender an offer to
the KHLCF Board, the holder of a conservation easement in the subject property, prior to
seeking condemnation. The Kentucky Eminent Domain Act requires a condemnor to make
a good faith effort to enter into an agreement with the owners of all interests in the subject
property before taking legal action. KRS 416.550; KRS 278.502. This did not happen. For
this reason, which is explained more fully in the attached Memorandum in Support of this

 Motion, the KHLCF Boards respectfully requests that this Court grant its Motion and
dismiss this matter with prejudice.
By filing this Motion, the KHLCF Board does not waive its right pursuant to KRS
416.600 to file an Answer at a later date (in the event this Motion is denied) objecting to
the right of LG&E to condemn the subject property.
WHEREFORE, the KHLCF Board respectfully requests that the Court GRANT
this Motion and enter the attached Tendered Order DISMISSING the matter WITH
PREJUDICE.
Respectfully submitted,
KENTUCKY HERITAGE LAND
CONSERVATION FUND BOARD
/s/ Timothy J. Mayer
Timothy J. Mayer, KBA No. 96793
Energy and Environment Cabinet
Office of Legal Services
300 Sower Blvd., Third Floor
Frankfort, Kentucky 40601
Phone: (502) 782-8639
Fax: (502) 564-7484
timothy.mayer@ky.gov
Counsel for the KHLCF Board

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 CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of November, 2019, a true and accurate copy
of the foregoing Motion to Dismiss with Prejudice was sent via first-class mail, postage
prepaid, to:
Hon. Monica H. Braun
Hon. Mary Ellen Wimberly
STOLL KEENON OGDEN PLLC
300 West Vine Street, Suite 2100
Lexington, Kentucky 40507
Hon. Mark T. Hurst
STOLL KEENON OGDEN PLLC
500 West Jefferson Street, Suite 2000
Louisville, Kentucky 40202
Counsel for the Plaintiff, Louisville
Gas and Electric Company
Hon. David T. Royse
Ransdell Roach & Royse PLLC
176 Pasadena Drive, Bldg. 1
Lexington, Kentucky 40503
Counsel for Defendant, East Kentucky
Power Cooperative, Inc.
Hon. Tom Fitzgerald
Kentucky Resources Council, Inc.
Post Office Box 1070
Frankfort, Kentucky 40602-1070
Hon. Randal A. Strobo
STROBO BARKLEY PLLC
239 South Fifth Street, Suite 917
Louisville, Kentucky 40202
Counsel for the Defendant, Isaac W.
Bernheim Foundation

/s/ Timothy J. Mayer
Timothy J. Mayer
Counsel for the KHLCF Board
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