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CITY OF ERLANGER v. HOFF

535 S.W.2d 86 (1976)

CITY OF ERLANGER, Kentucky, et al., Appellants, v. Robert R. HOFF and Mona L. Hoff, his wife, Appellees.

Supreme Court of Kentucky.

January 23, 1976.

Attorney(s) appearing for the Case

Harry L. Riggs, Jr., Riggs & Riggs, Erlanger, for appellants.

David A. Schneider, Hughes, Clark & Ziegler, Covington, for appellees.

PER CURIAM.

Appellees, owners of a lot in a shopping center in Erlanger, Kentucky, applied for a building permit to construct a service station on the lot. The application was denied by the city on the ground that a zoning regulation precluded service stations in that area. The circuit court concluded that by virtue of KRS 100.367 the city's zoning ordinance was no longer in existence and the action of the city was arbitrary. The court directed the city to issue the...

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