MOORE v. PEAK


340 S.W.2d 461 (1960)

Charles MOORE et al., Appellants, v. Bart N. PEAK et al., etc., Appellees.

Court of Appeals of Kentucky.

November 23, 1960.


Attorney(s) appearing for the Case

Robert F. Houlihan, Stoll, Keenon & Park, Lexington, for appellants.

Armand Angelucci, Rufus Lisle, Lexington, for appellees.


CULLEN, Commissioner.

The circuit court dismissed, on the ground that it failed to state a claim on which relief could be granted, the complaint of a group of neighboring property owners attacking as illegal, arbitrary and capricious the action of the planning commission and the fiscal court of Fayette County in rezoning a particular tract of land from residential to commercial. The plaintiff property owners have appealed.

This is a companion case to Pierson...

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