Injunction denied for student-neighborhood homes

A motion for an injunction concerning several houses in student-occupied neighborhoods was denied Thursday in Fayette County Circuit Court.

Judge Thomas Clark denied the motion put forth by the city, which would have required the tenants to vacate their homes, located on University Drive, Forest Park Road, and Crescent and Oldham avenues.. The motion claimed that the rental homes, managed by Mike and Michelle Haley, violated Lexington zoning ordinances because the homes met the criteria to be considered boarding houses.

Bruce Simpson, Haley’s attorney, argued that the definition of boarding houses and lodging houses was unconstitutionally vague and overbroad in its language. The rental homes fell under the category of a single-family residence, he said, and were not violating the zoning ordinance.

Clark set the next court date for April 6, 7 and 8 of 2010 to allow both sides time to collect evidence.

Student Government Ryan Smith was present at the hearing and said this case could have a large impact on where students can live around campus.

“There are more and more apartment complexes being built, however, houses will continue to be a major source of residence for students,” Smith said. “I think it’s important we stay on top of this issue and let the mayor know what the students are thinking.”