CITY-COUNTY PLANNING COMMISSION v. FAYETTE COUNTY FISCAL COURT


449 S.W.2d 766 (1970)

CITY-COUNTY PLANNING COMMISSION, LEXINGTON, Kentucky and City of Lexington, Kentucky, Appellants, v. FAYETTE COUNTY FISCAL COURT et al., Appellees. Richard SUTHERLAND, Jr., Cross-Appellant, v. CITY-COUNTY PLANNING COMMISSION, LEXINGTON, Kentucky, Cross-Appellee.

Court of Appeals of Kentucky.

January 16, 1970.


Attorney(s) appearing for the Case

Richard P. Moloney, Moloney & Moloney, William C. Jacobs, Lexington, for appellants.

Armand Angelucci, Fayette County Atty., E. Lawson King, Asst. Fayette County Atty., Lexington, for appellees.

C. Gibson Downing, Stoll, Keenon & Park, Lexington, for cross-appellant.

Richard P. Moloney, Moloney & Moloney, Lexington, for cross-appellee.


STEINFELD, Judge.

On August 9, 1968, the Fayette Circuit Court entered final judgment dismissing a suit brought by the City-County Planning Commission of Lexington, Kentucky, and others seeking to vacate a change in the zoning classification of a large tract of land belonging to Mr. and Mrs. Henry W. Gentry. There was no appeal from that judgment. The decision in Boron Oil Company v. Cathedral Foundation, Inc., Ky., 434 S.W.2d 640

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