AYLOR v. SUN OIL COMPANY


453 S.W.2d 18 (1970)

Mr. and Mrs. Elmer AYLOR et al., Appellants, v. The SUN OIL COMPANY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 22, 1970.


Attorney(s) appearing for the Case

Martin W. Mitchell, Covington, for appellants.

Robert E. Ruberg, O'Hara, Ruberg & Cetrulo, Covington, for appellee, Sun Oil Co.

Charles P. Wagner, Covington, for appellee, City of Covington.


CLAY, Commissioner.

This is essentially a "spot" zoning case. The Kenton County and Municipal Planning and Zoning Commission denied the application for a zone change. The Board of Commissioners of the City of Covington overruled the Planning and Zoning Commission (as it had a right to do) and authorized the change. This suit was brought to have the ordinance declared void on the ground that it was arbitrary and to obtain injunctive relief. The Chancellor upheld the...

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