KINDRED HOMES, INC. v. DEAN


605 S.W.2d 15 (1979)

KINDRED HOMES, INC., Appellant, v. Hon. Sherman DEAN, Jr., Jessamine County Judge Executive, Hon. Mildred Bunch, Hon. Martin Lowry, Hon. David C. Johns, Hon. James A. Davis, Hon. J. A. Wells, Hon. Ben Wilson, as Members of the Jessamine County Fiscal Court, P. J. Baugh Industries, Inc., P. J. Baugh, Individually, Barbara Hunter, and Alice H. Chandler, Appellees. Hon. Sherman DEAN, Jr., Jessamine County Judge Executive, Hon. Martin Lowry, Hon. David C. Johns, Hon. James A. Davis, Hon. J. A. Wells, Hon. Ben Wilson, as Members of the Jessamine County Fiscal Court, Appellants, v. KINDRED HOMES, INC., Appellee. Alice H. CHANDLER, Barbara Hunter, P. J. Baugh, Individually, and P. J. Baugh Industries, Inc., Appellants, v. KINDRED HOMES, INC., Hon. Sherman Dean, Jr., Jessamine County Judge Executive, Hon. Martin Lowry, Hon. David C. Johns, Hon. James A. Davis, Hon. J. A. Wells, Hon. Ben Wilson, as Members of the Jessamine County Fiscal Court, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied November 2, 1979.


Attorney(s) appearing for the Case

Ben K. Wilmot, Wilmot & May, Stanford, for Kindred Homes, Inc.

Howard Downing, Nicholasville, for Hon. Sherman Dean, Jr., Jessamine County Judge Executive, Hon. Mildred Bunch, Hon. Martin Lowry, Hon. David C. Johns, Hon. James A. Davis, Hon. J. A. Wells, Hon. Ben Wilson, as members of the Jessamine County Fiscal Court.

Michael L. Ades, Stoll, Keenon & Park, Lexington, William Miles Arvin, Nicholasville, for P. J. Baugh Industries, Inc.; P. J. Baugh, individually; Barbara Hunter; and Alice H. Chandler.

Before WHITE, HOWARD and VANCE, JJ.


WHITE, Judge.

Kindred Homes, Inc. appeals that portion of a Jessamine Circuit Court judgment upholding the validity of the Jessamine County-City of Wilmore zoning regulations. The remaining parties appeal that portion of the judgment declaring the 1977 amendments to the comprehensive plan invalid and granting Kindred Homes a requested zone change.

In 1969, the Jessamine Fiscal Court and governing body of the City of Wilmore, Kentucky, created the Jessamine...

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