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BOARD OF ADJUST. OF CITY OF RICHMOND v. FLOOD

581 S.W.2d 1 (1978)

BOARD OF ADJUSTMENTS OF the CITY OF RICHMOND, Kentucky, et al., Movants, v. Charles Bracelen FLOOD et al., Respondents.

Supreme Court of Kentucky.

Rehearing Denied June 12, 1979.

Attorney(s) appearing for the Case

Foster Ockerman, Martin, Ockerman & Brabant, Lexington, John D. Sword, Sword & Floyd, Richmond, for movants.

John F. Lackey, Lackey & Lackey, Richmond, for respondents.

LUKOWSKY, Justice.

The issue presented for decision is whether the circuit court has jurisdiction of an appeal from a final action of the board of adjustments if the planning commission was not made a party to the appeal within thirty days of the final action. We answer the question in the negative.

Exxon and Cracker Barrel filed an application before the Board of Adjustments of the City of Richmond seeking a height...

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