KY Appellate Court Dismisses Conflict of Interest Claim

This post was authored by Amy Lavine, Esq.

A Kentucky case decided in 2021 considered an application submitted to the Louisville Metro Landmarks Commission by Louisville Metro, acting in its governmental capacity, and whether the Landmarks Commission approval should be invalidated due to the participation of board members who were also non-merit officers for Louisville Metro.

The court concluded that there had to be some specific allegation of a conflict or incompatibility to warrant reversal, and because the appellants only alleged a possible appearance of impropriety it affirmed the decision of the Landmarks Commission. As the court explained: “we find no facts to support the conflict of interest claim; implied or assumed conflict, without specific facts or inconsistency with statute, does not result in a denial of due process rising to the level of arbitrariness.”

Friends of Louisville Public Art, LLC v. Louisville/Jefferson County Metro Historic Landmarks & Pres. Dists. Comm’n, 2021 WL 5979262 (Ky. App. 12/17/21).