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CITY OF MIDDLESBORO PLANNING COMMISSION v. HOWARD

551 S.W.2d 556 (1977)

CITY OF MIDDLESBORO PLANNING COMMISSION, City of Middlesboro, City of Middlesboro Board of Adjustment and Harvey Yeary, Appellants, v. Henry Clay HOWARD and James W. Howard, d/b/a Howard & Howard Trucking, Appellees.

Supreme Court of Kentucky.

May 20, 1977.

Attorney(s) appearing for the Case

William A. Watson, Watson & Watson, Middlesboro, for appellants.

Joe Nagle, Denham & Nagle, Middlesboro, for appellees.

STEPHENSON, Justice.

The issue on this appeal is the validity of a city of Middlesboro zoning ordinance. Section 75.25(C) of the ordinance provides:

"(C) Termination: "Any one of the following acts or conditions shall terminate immediately the right to operate a nonconforming use: (1) Changing to a conforming use. (2) Abandonment. (3) Failure to obtain privilege license for a period of twelve months. (4) Non...

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