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HOFGESANG v. McMAKIN

457 S.W.2d 950 (1969)

Joseph C. HOFGESANG, Joseph C. Hofgesang Sand Company, the Estate of Myrtle S. Hofgesang and James Fisher, Appellants, v. M. J. McMAKIN, D. F. Parrot, Edwin F. Shaver, Ernest F. Worfel, John P. Sawyer, Rufus C. King, Sammie F. Lee, Jack Quick, Marlow W. Cook, William O. Cowger, members of and constituting the Louisville and Jefferson County Planning and Zoning Commission, E. P. Sawyer, County Attorney, Jefferson County, Kentucky, Elmer N. Norrington and Joseph L. Soper, Zoning Enforcement Officers of Jefferson County, Kentucky, and its Fiscal Court, Appellees.

Court of Appeals of Kentucky.

Modified on Denial of Rehearing October 16, 1970.

Attorney(s) appearing for the Case

Henry A. Triplett and Hogan, Taylor, Denzer & Bennett, Hardy & Hardy, Louisville, for appellants.

Mark Davis, Jr., Louisville, for appellees.

MONTGOMERY, Chief Justice.

This litigation began in December, 1964, when Louisville and Jefferson County Planning and Zoning Commission, the County Attorney, and other zoning enforcement officers sued Joseph C. Hotgesang, Joseph C. Hofgesang Sand Company, the Estate of Myrtle S. Hofgesang and James Fisher, appellants, claiming that they were carrying on an illegal operation on ten acres of ground located in Jefferson County on the north side of Lee's Lane and between...

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