CITY OF BOWLING GREEN v. HUNT


516 S.W.2d 647 (1974)

CITY OF BOWLING GREEN, Kentucky, and Board of Commissioners of City of Bowling Green, Kentucky, et al., Appellants, v. J. S. HUNT, Sr., et al., Appellees.

Court of Appeals of Kentucky.

December 6, 1974.


Attorney(s) appearing for the Case

Whayne C. Priest, Jr., Philip I. Huddleston, Bowling Green, for appellants.

G. D. Milliken, Jr., Bowling Green, for appellees.

Charles E. English, Harlin, Parker, Lucas & English, Bowling Green, for Amici Curiae.


REED, Justice.

This is a zoning case. The circuit court held that the city legislative body's refusal to rezone appellees' property from a residential classification to a commercial classification was arbitrary. The city appeals. We reverse because we have concluded that the circuit court was without authority to disturb the decision of the city legislative body on the record presented.

The appellees, landowners who sought the zone change, own two tracts of...

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