In what’s become a high-profile civil case in south western Kentucky, officials with Ascend Elements, Inc. have filed formal notice of appeal against Turner-Kokosing Joint Venture, et al. — which challenges portions of a May 23 order issued by Chief Circuit Judge John L. Atkins involving arbitration and litigation proceedings tied to the “Apex 1” construction project in Commerce Park II.
The filing came June 10, and targets two specific rulings in the court’s order.
First, Ascend objects to the court’s denial of its motion to stay all claims in the litigation—including those brought by or against entities not party to its arbitration agreement with the Turner-Kokosing Joint Venture, Turner Construction Company, and Kokosing Industrial, Inc.
And second, Ascend is appealing the referral of these claims to Master Commissioner Lee Harton and Special Assistant Master Commissioner H.B. Quinn for further action.
Officials with Ascend are not contesting Atkins’ decision to compel arbitration of claims involving its direct agreements with Turner entities, but they argue the remaining proceedings should also be stayed under the Federal Arbitration Act.
The case involves scores of parties connected to the substantial construction and industrial development project in Christian County — including several local general contractors, subcontractors, suppliers, governments and financial institutions.
The appeal will now head to the Kentucky Court of Appeals.
