Brown v. Louisville Jefferson County Redevelopment Authority, Inc.

310 S.W.3d 221, 2010 Ky. App. LEXIS 68, 2010 WL 1404433
CourtCourt of Appeals of Kentucky
DecidedApril 9, 2010
Docket2008-CA-001890-MR
StatusPublished
Cited by3 cases

This text of 310 S.W.3d 221 (Brown v. Louisville Jefferson County Redevelopment Authority, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Louisville Jefferson County Redevelopment Authority, Inc., 310 S.W.3d 221, 2010 Ky. App. LEXIS 68, 2010 WL 1404433 (Ky. Ct. App. 2010).

Opinions

OPINION

LAMBERT, Judge.

Glenn Brown appeals from the entry of a summary judgment order in favor of [222]*222Louisville Jefferson County Redevelopment Authority, Inc., (hereinafter “LRA”) and Louisville/Jefferson County Metro Government (hereinafter “Metro Government”) entered by the Jefferson Circuit Court on September 15, 2008. This order dismissed all of Brown’s claims against LRA and Metro Government. On appeal, Brown argues that the trial court erred in dismissing his claims of promissory estop-pel/detrimental reliance and fraud arising from an employment relationship between Brown and LRA/Metro Government. After careful review, we agree with Brown that summary judgment in Appellees’ favor was premature as to these claims. We therefore must vacate that portion of the trial court’s order and remand this matter for further proceedings. Brown does not appeal the trial court’s dismissal of his claims of racial discrimination, and thus we hereby affirm those portions of the trial court’s order.

Since this appeal addresses the propriety of a summary judgment decree, we will recite the facts in a light most favorable to Brown. See Steelvest, Inc. v. Scansteel Serv. Ctr., Inc., 807 S.W.2d 476, 480 (Ky.1991) (“The record must be viewed in a light most favorable to the party opposing the motion for summary judgment and all doubts are to be resolved in his favor.”).

In 1995, the federal government decided to close the Naval Ordinance Station in Louisville. Thereafter, the City of Louisville and Jefferson County1 established LRA, a Kentucky non-profit, non-stock corporation and local development authority. The purpose of LRA was to plan and implement the conversion of this Naval Ordinance Station into a private facility owned by the authority. See Kentucky Revised Statutes (KRS) 58.180. LRA’s Articles of Incorporation provide as follows:

[The LRA] is organized and operated exclusively to act as an agency, instrumentality and constituted authority of the City of Louisville (“City”) and Jefferson County (“County”) to accomplish public purposes of the City and the County and for the acquisition and financing of public projects for and on behalf of the City and the County. In carrying out its corporate purposes, the [LRA] shall have all the powers allowed corporations by KRS 273.160 et seq. and KRS 58.180.

From 1996 to 2003, LRA managed and operated the Naval Ordinance Station, which was renamed Technology Park. During this time, Brown served as LRA’s Finance Administrator for Technology Park. On October 1, 2003, LRA entered into a management agreement with a private company, Titan Research and Development, LLC (hereinafter “Titan”). Pursuant to this agreement, Titan was to assume all management and operations duties for Technology Park. Brown’s position with LRA was therefore eliminated.

Upon the elimination of his Finance Administrator position, Brown transitioned into another position with LRA. He was hired as a liaison between LRA and Titan. However, LRA directed that only part of Brown’s work time was to be devoted to liaison duties. Pursuant to an agreement entered into by LRA and Titan, Brown was to devote up to fifty percent (50%) of his work time providing administrative services directly to Titan. LRA was reimbursed by Titan for fifty percent (50%) of the expenses, including salary, attributed to Brown. This agreement was terminated [223]*223by Titan on October 1, 2005. As a result, Brown’s liaison position with LRA was eliminated, effective July 21, 2006.

Upon the elimination of his liaison position with LRA, Brown was offered the position of Economic Development Officer with the Metro Government’s Development Authority. However, Brown declined to accept the position.

In November 2006, Brown filed a complaint against LRA and Metro Government asserting claims of promissory estoppel/detrimental reliance, fraud, and violations of the Kentucky Civil Rights Act. In his complaint, Brown stated that when he realized that his Finance Administrator position was being eliminated in 2003, he negotiated and was offered a position with Titan in their finance department.

Upon hearing of this job offer, Bruce Traughber, a LRA board member and secretary of the Metro Government Community Development Cabinet, contacted Brown and counter-offered him the liaison position. Brown stated that he would accept the liaison position in lieu of the position with Titan, but only if LRA would agree to employ him “long enough to get his 10 years in for [government] retirement and benefits.” Ten years for Brown would have accrued in November 2007. Brown further alleged that “[i]t was understood between the parties that once the 10 years lapsed, Brown would become a 100% Titan employee.”

According to Brown, Traughber agreed to this arrangement. Brown contends that the agreement with Titan whereby Brown was to devote fifty percent (50%) of his time providing administrative services to Titan and fifty percent (50%) of his time acting as a liaison between the two entities was subsequently entered to accomplish the objectives agreed to by Brown and Traughber.

In July 2005, Traughber made public remarks that were critical of Titan. At that time, Brown contacted David Morris, Director of the Metro Government Development Authority, and asked him whether his job was in danger. According to Brown, Morris assured him that it was not. Yet, on July 22, 2006, Brown’s liaison position was eliminated. Brown states that he declined the position of Economic Development Officer with the Development Authority because it was a “demotion to the West End of Louisville.”

In an order entered September 15, 2008, the trial court dismissed Brown’s claims for promissory estoppel/detrimental reliance and fraud arising from the alleged oral agreement between Brown and Traughber. In so ruling, the trial court found that Traughber’s alleged promise to provide Brown employment through his retirement date was not a “date certain for continued employment.” Thus, Brown was an “at-will” employee subject to termination at any time. The trial court alternatively found that Brown did not provide “any reciprocal consideration” for the promise allegedly made by Traughber. As such, the trial court concluded that “the condition that LRA is required to retain Mr. Brown beyond his retirement date without the imposition of a corresponding duty on Mr. Brown to remain with LRA is a unilateral, unenforceable agreement .... ”

On appeal, Brown contends that summary judgment was not warranted on his claims of promissory estoppel/detrimental reliance and fraud. Our black-letter law directs that “summary judgment is to be cautiously applied and should not be used as a substitute for trial.” Steelvest, 807 S.W.2d. at 483. “Even though a trial court may believe the party opposing the motion may not succeed at trial, it should not [224]*224render a summary judgment if there is any issue of material fact.” Id. at 480.

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Bluebook (online)
310 S.W.3d 221, 2010 Ky. App. LEXIS 68, 2010 WL 1404433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-louisville-jefferson-county-redevelopment-authority-inc-kyctapp-2010.