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CITY OF SOMERSET v. SEARS

233 S.W.2d 530 (1950)

CITY OF SOMERSET et al. v. SEARS et al.

Court of Appeals of Kentucky.

October 27, 1950.

Attorney(s) appearing for the Case

Sam C. Kennedy, Joe E. Caylor, Somerset, Smith & Leary, Frankfort, for appellants.

Smith & Blackburn, Somerset, for appellees.

CLAY, Commissioner.

This is an appeal from a judgment permanently enjoining the officials of Somerset from issuing a permit to the Somerset Drive-In Theatre Company, and permanently enjoining that company from constructing or operating a proposed drive-in theatre in the city.

Appellees are residential owners who live near the proposed site of the theatre. Their pleadings allege that the City Board of Council will grant a permit to the appellant company under...

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