LEXINGTON, Ky. (LEX 18) — Four property owners in a Lexington neighborhood have filed a lawsuit against Fayette County Board of Education members over what they say is an unfair land grab.
Theresa Leito lives on Fair Oaks Drive, close to Versailles Road. She's one of the homeowners taking action.
"They're ruining my life, I have to start over," Leito said.
Leito is stressed because of the project which was announced in a press release earlier this week from FCPS.
In that release, FCPS said that the district "has taken formal action to acquire approximately 0.1759 acres through eminent domain for property located adjacent to Rise STEM Academy for Girls, 2160 Versailles Road."
According to the district's statement, the move does not involve homes, but only portions of back yards.
"The only joy I get is I have to leave the house and go see my grandkids," Leito said. "I try to be strong, try not to think about it (the project) so much, but it's hard."
"The decision follows months of negotiations," FCPS continued in the release. "Eminent domain is a legal process that allows public entities to acquire private property for public use, with compensation provided to the property owner as determined by law. The district has engaged in good-faith negotiations with the property owner(s) and will continue to work within all legal requirements to ensure fair treatment as we seek to settle this without legal action."
LEX 18 obtained a copy of the lawsuit. Attorney Bruce Simpson is representing both Leito and Kris Zander, another resident impacting by the move.
"They shouldn't have had to hire me or any other lawyer," Simpson said. "The board of education members should have at least met with these folks and understood their concerns and their complaints and they've always denied these folks meeting with public officials. I've been practicing law 42 years, I've never witnessed any public official group like this deny their constituents and citizens of any community the opportunity to sit down and listen to their complaints and concerns and to find out what if anything they're gonna do in response to those complaints and concerns...Now, why should citizens have to hire a lawyer to force a meeting with a public group? It's unheard of in my experience."
Zander, who lives on Port Royal Drive, says he's frustrated and confused by the communication from FCPS.
"I came home on March of 2024 and there was a large semi full of trees, very mature old trees and they were hauling those in an area that was part of my property line," he said.
Zander believes that, because of the current property lines, FCPS has been trespassing on a portion of their property since then.
"I feel like we started to try to start the communication proactively back in July of 2024 maybe a little bit earlier when they continued to use the road and we weren't really sure what the plans were," he said. "Very frustrated, very confused to just read in the news that the board had voted to use eminent domain on our property and we had no idea that that was happening, and we have received to date no notification of official eminent domain."
Above all, Zander and Leito want to bring awareness about this experience.
Simpson says FCPS has not acted in good faith as the district emphasizes that it needs the land for expanded bus lanes off Versailles Road.
Multiple attempts by LEX 18 Friday to reach the school district for comment about this project have been unsuccessful.
