Demolition begins on downtown Lexington building after 6-year legal battle ends

After a six-year legal battle, demolition started this week on a two-story former state office building on High Street.

Whether the site at 120 W. Upper Street will become apartments, as originally planned, is still to be determined, said Dudley Webb, of the Webb Companies.

“Once we take the building down, then we will evaluate the highest and best use of the property,” Webb said.

In 2018, The Webb Companies proposed razing the building to develop The Residences at South Hill, a four-story apartment complex.

The Board of Architectural Review, which must sign off on demolitions in historic districts, voted to approve the demolition in August 2018 but limited the maximum height of the new apartment building to four stories, among other design changes.

The Board of Architectural Review’s decision was appealed to the Urban County Planning Commission, which unanimously approved the demolition in October 2018.

The Blue Grass Trust for Historic Preservation, a nonprofit that fights for protection of historic properties, fought the demolition of the 1958 building, filing more than one lawsuit.

In 2019, a Fayette Circuit Court judge ordered a stay , halting demolition while underlying lawsuits filed by the Blue Grass Trust challenging the decision moved through the court system.

A trial court ultimately sided with the planning commission. Blue Grass Trust then appealed the decision to the state Court of Appeals. However, Blue Grass Trust did not post a bond as required under a 2017 state statute. The state Court of Appeals dismissed the appeal based on the trust’s failure to post a bond.

Blue Grass Trust then appealed the decision to the state Supreme Court arguing the requirement to post a bond was unconstitutional and also appealing the lower court’s decision siding with the planning commission.

In September, the state Supreme Court upheld the planning commission’s decision to allow the demolition to go forward, ending the six-year legal fight.

Webb said the former state office building has become an eyesore and has deteriorated in the six years since the plans were first filed. Webb said the company, which has developed multiple parcels downtown, including City Center , will decide if they will continue to pursue apartments on the site that is close to downtown and the University of Kentucky.

“I’m still a strong believer in downtown residential,” Webb said.