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WEAVER v. ANDERSON COUNTY FISCAL COURT

Civ. A. No. 85-102.

648 F.Supp. 1575 (1986)

Charles T. WEAVER & Geraldine Weaver, his wife, Kentucky River Development Corporation, and C.T. & G., Inc. v. ANDERSON COUNTY FISCAL COURT, James Catlett, Stewart Gritton, Schelma Meriwether, Ron Madden, Ralph Dennis, John W. Conway, Clinton Sea, Thomas Searcy, Anderson County Planning and Zoning Commission, Anderson County Board of Adjustments, James R. Smith, Norma Dennis, Andrew Bird, Richard Pohlman, and Charles Williams.

United States District Court, E.D. Kentucky, Frankfort Division.

December 17, 1986.

Attorney(s) appearing for the Case

Steven G. Bolton, Frankfort, Ky., for plaintiffs.

Dale Wright, Anderson Co. Atty., Lawrenceburg, Ky., Athur D. Kelly, Springfield, Ky., Alex F. Talbott, Louisville, Ky., for defendants.

OPINION

BERTELSMAN, District Judge:

This 42 U.S.C. § 1983 action, arising out of a zoning dispute, requires an analysis of the applicability of the rule of University of Tennessee v. Elliott, ___ U.S. ___, 106 S.Ct. 3220, 92 L.Ed.2d 635 (1986) to decisions of zoning Boards of Adjustments operating under Kentucky law.

FACTS

Plaintiffs are owners of a tract of land located in both...

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