The judge said that although the city had proper documentation, they waited too late to file the contested area. “Even a winning theory and a winning argument can be waived in a lawsuit if not asserted in a timely fashion,” Woodall ruled. “With this protracted litigation and its companion litigations, the Court concludes that the prior annexation has not been timely asserted, unfortunately for the city of Cadiz, and has been waived.”
No reason was given as to why the city has waited more than five years to present the documentation.
Woodall said he based his decision on documents supplied to him by the City of Cadiz and referred to a certificate from Secretary of State Trey Grayson dated June 19, 2007. In that certificate, Grayson said he found that documents filed by the city in 1981 were “true and correct” as they related to the corporate limits at that time.
He was apparently referring to a map sent to the Secretary of State in 1981, which documented the area included in the city limits of Cadiz at that time. The maps were sent to the state to comply with a move by the Legislature that would clarify the bounds of each city in Kentucky.
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