PIERSON TRAPP COMPANY v. PEAK


340 S.W.2d 456 (1960)

PIERSON TRAPP COMPANY, Appellant, v. Bart N. PEAK et al., Appellees.

Court of Appeals of Kentucky.

November 23, 1960.


Attorney(s) appearing for the Case

Miller, Griffin, Marks & Stephens, Lexington, for appellant.

Armand Angelucci, Harbison, Kessinger, Lisle & Bush, Lexington, for appellees.


CULLEN, Commissioner.

Upon recommendation of the county planning commission the fiscal court of Fayette County adopted a resolution rezoning from residential to commercial a tract of 30 acres lying near the intersection of Harrodsburg Road and Lane Allen Road. Pierson Trapp Company, owner of a shopping center in the same vicinity, brought a suit alleging that the action of the fiscal court and of the planning commission was illegal, arbitrary and capricious, and seeking...

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