Supreme Court denies appeal, so riverfront property lawsuit heads back to Kenton court

By Judy Clabes
NKyTribune editor

After a process taking six long years, the Kentucky Supreme Court has denied review of a Court of Appeals judgment in favor of Scott and Lorrie Hill, “reversing and remanding” the decision of Kenton County Circuit Court Judge Kathleen Lape related to a lawsuit involving the Hills’ property in Covington’s upscale Licking Riverside Historic District.

The case is a turned-bitter dispute between neighbors. The Hills own a carriage house at 109 Shelby Street and Peggy Rankin and Marc Tischbein who own a mansion at 420-422 Riverside Drive. The properties sit at the confluence of the Ohio and Licking Rivers in Covington. The two pieces of property were once just one piece, owned by David Klingshirn.

The dispute is over a garage and driveway/gate located on the Hills’ property.

Judge Lape, the Appeals Court ruled, erred in her “summary judgment” in Tischbein-Rankin’s favor. They had argued “adverse possession and prescriptive easement” related to the garage. The Supreme Court, in declining to hear Rankin/Tischbein’s appeal, affirmed that decision

The Hills purchased the “Coach House” from David A. Klingshirn, whom they met at church and who long maintained that he sold the property to the Hills with the understanding that the garages were included in the sale. Indeed, the Hills had a deed to the property — and a mortgage based on the deed. They also contested — and won — the mortgage company’s threat to foreclose on their mortgage.

Klingshirn is now deceased, but in his deposition and in repeated interviews with the NKyTribune prior to his death, he insisted that the Hills were in the right.

The Appeals Court’s ruling was clear and to the point, omitting only references reported by The Northern Kentucky Tribune to the cronyism in the Kenton County Courthouse that played into Judge Lape’s decision.

As the case comes back to her, Lape will have to correct her errors. The decision says the Circuit Court “should reconsider its judgment dismissing the Hills'” counterclaim and dismisses the “adverse possession and prescriptive easement” arguments entirely. This means the “adverse possession” claim cannot be reinstated.

The Kentucky Supreme Court in denying to hear the appeal, declares that the Court of Appeals ruling stands.

The case now comes back to Judge Lape’s court. The Hills have asked for a trial by jury, which Lape had denied. They have also offered to join with Rankin/Tischbein to sell the two pieces of property as a single unit. They also offered to tear down the second garage, which Rankin/Tischbein claim the right to, a right that has now been denied. That garage apparently encroaches on their property by a few inches.

The Hills now live in Alexandria, Va., so that Scott Hill could take an employment position there. Their carriage house is currently occupied by tenants. Rankin-Tischbein have also vacated the “Main House” in favor of a new home in Villa Hills.

The Hills, who have been driven nearly bankrupt by the costly court proceedings, said their move was financially necessary.

The NKyTribune has reported extensively on the neighbors’ dispute. See the stories here:

• Dispute over garage in historic Licking Riverside

• Case moves to Court of Appeals

• David Klingshirn speaks out.

There was never written documentation of any of the supposed “agreements” between Klingshirn and Tischbein-Rankin. Klingshirn referred to a “gentleman’s agreement” over the permissive use of the second garage in his court depositions.

The Hills had no “agreements” with Tischbein-Rankin but did have a deed to the property which was transferred to them from Klingshirn.

In the wake of the Kentucky Supreme Court ruling, the case will come back to Circuit Court Judge Kathleen Lape for resolution.

See the Appeals Court’s ruling in full here.

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