Harlan, Kentucky
Motel Cut Slope Dispute

The Project

An existing Motel in the Eastern Kentucky Coal Fields planning to expand onto property behind the facility on the mountain slope.

The Site

The site is a mountain with moderate slopes and soils to depths in excess of 15 feet.

The Problem

The motel owner, who is a practicing Architect, began developing the property behind his motel by clearing and regrading. The regrading activity included cuts of 0 to 12 feet along the property line adjoining his neigbors residence. The 12 foot cut along this property line was nearly vertical, and water seeped from the base of the cut slope.

The Cause

The owner of the neighboring house sought and obtained a court order requiring the motel owner to cease excavations adjacent to the property line and to protect the residence from damage due to a potential slope instability. Stability analyses performed by experts for both sides indicated that the cut slope, as constructed, was unstable and either a retaining wall or slope reduction would be required to protect the adjacent property from damage.

The Resolution

The motel owner developer was ordered by the trial judge to construct a retaining wall on his property to protect the property of his neighbor.

The Attorney Client

For the Motel Owner Developer:

Mr. Ronald Johnson, Attorney At Law
Harlan , Kentucky


For additional information concerning this case,
you may contact:

P. O. Box 130
Nicholasville , Kentucky 40340-0130


Copyright 2004 Richard Cheeks