CITY OF BOWLING GREEN v. MILLER


335 S.W.2d 893 (1960)

CITY OF BOWLING GREEN et al., Appellants, v. Earl MILLER, Appellee.

Court of Appeals of Kentucky.

May 20, 1960.


Attorney(s) appearing for the Case

Duncan & Huddleston, G. D. Milliken, Jr., Bowling Green, for appellants.

Ernest Gregory, Bowling Green, for appellee.


CLAY, Commissioner.

This action was brought by appellant city and its zoning commission to enjoin the commercial use of premises allegedly in violation of a zoning ordinance. The Chancellor found no violation and denied injunctive relief.

The facts are stipulated. A city zoning ordinance was enacted April 9, 1958, and High Street was designated a residential area. At that time there was located on this street a "commercial type" building which was then vacant...

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