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McCORD v. PINEWAY FARMS

569 S.W.2d 690 (1978)

Katherine Rout McCORD, Susan Jane Turner, Elizabeth Wilson, and Woodford Save the Land Association, Inc., a non-stock, non-profit corporation of Kentucky, Appellants, v. PINEWAY FARMS, a partnership, Louise H. Ward, James S. Bird, Lee W. Harper, and Leonard K. Nave, Individual partners trading and doing business under the firm name and style of Pineway Farms, and William E. Crain, Clerk of the County Court of Woodford County, Kentucky, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied September 12, 1978.

Attorney(s) appearing for the Case

Edward F. Prichard, Jr., William L. Graham, Prichard, Murrell & Graham, Frankfort, W. Henry Graddy, IV, McCauley & Elam, Versailles, for appellants and for Jenny Sue Given and John A. Dearinger, amicus curiae.

Leonard K. Nave, William A. Hoskins, III, Nave & Hoskins, Versailles, for appellees.

Alex F. Talbott, Louisville, for Louisville and Jefferson Co. Planning Commission and Jessamine County-City of Wilmore Joint Planning Commission, amicus curiae.

Before HOGGE, HOWERTON and WINTERSHEIMER, JJ.

WINTERSHEIMER, Judge.

This appeal is from a summary judgment entered March 22, 1977, on a petition for a declaration of rights, initially filed August 13, 1976, regarding the application and interpretation of agricultural zoning statutes.

In March, 1976, appellee Pineway Farms contracted to purchase a 140 acre tract of land in Woodford County, fronting on Highway 33 and Scotts Ferry Road. On April 16, 1976, the appellees lodged for record in the County Clerk...

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