Records show the tract still belongs to Harry D. and Hyman Pushin. The surrounding property was transferred several times, eventually to the city.
The city discovered the problem with the small tract in 2001, Blenniss said.
In the lawsuit, Blennis says the city should be given a clear title to the entire property because it and previous owners have possessed the property, including the tract in queston, for more than 15 years.
In conjunction with the lawsuit, the city filed an affidavit asking the court to appoint an attorney to find and represent any Pushin heirs, as Blenniss believes both Harry and Hyman are dead.
The court appointed Justin T. Genco and gave any defendents 50 days from the date of his appointment, April 26, to come forward.
One potential claim abandoned
On May 16, Genco filed a report with the court saying one person came to his office to find out if he had a claim. Genco referred him to the city's attorney, Vincent Pennington.
The potential claim from an individual not related to the Pushins was soon abandoned.
Blenniss said the problem has not delayed the building of the parking garage, which the city has planned since at least 2001.
He said the project is waiting for approval from the Federal Transit Authority, which is still reviewing an environmental assessment it conducted.
In March, the city completed the revisions the FTA originally required, all 12 pages of them. At that time, Blenniss said he expected the FTA to decide on the project in two weeks.
The environmental assessment weighs the impact of any federally-funded project on the environment and historic properties.
In April, the FTA gave the city approval to start a 30-day public comment period on the environmental assessment, which the city had to complete before beginning construction.
Project now awaits FTA approval
Blenniss said the project is now ready to go as soon as the FTA gives its approval, which Blenniss expects to happen any day.
If the FTA grants approval, the city will receive a $1.75 million federal grant to fund the bus station for the Blue Grass Community Action Agency's Bluegrass Ultra-Transit Service that will be incorporated into the parking garage.
The total cost of the parking garage is estimated at $5.2 million.
The city expects to issue $2.3 million in city bonds and use state and federal grants to cover the rest.