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BOARD OF ADJUST. & APP. v. DIXIE SUBURB. VOL. FIRE DEPT.

320 S.W.2d 109 (1958)

BOARD OF ADJUSTMENT AND APPEALS OF CITY OF SHIVELY, Kentucky, et al., Appellants, v. DIXIE SUBURBAN VOLUNTEER FIRE DEPARTMENT, Inc., on Relation of Bernard WATHEN, President and Relator, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 13, 1959.

Attorney(s) appearing for the Case

Raymond C. Stephenson, Louisville, for appellants.

Henry A. Triplett, Louisville, for appellees.

CULLEN, Commissioner.

The Dixie Suburban Volunteer Fire Department, desiring to erect a fire station in an area of the City of Shively that is zoned for residential uses, made application to the board of adjustment and appeals of the city for a "special use" permit authorizing the erection of the station. The board denied the permit and the fire department thereupon sought judicial review by petition to the circuit court under KRS 100.590. In

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