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  5. 617 S.W.2d 40 (1981)
 

LOUISVILLE, ETC. v. JOSEPH C. HOFGESANG SAND CO.

617 S.W.2d 40 (1981)

LOUISVILLE AND JEFFERSON COUNTY BOARD OF ZONING ADJUSTMENT, Movant, v. JOSEPH C. HOFGESANG SAND COMPANY, INC., Respondent.

Supreme Court of Kentucky.

May 26, 1981.

Attorney(s) appearing for the Case

Alex F. Talbott, Arthur Daniel Kelly, Louisville, for movant.

Ben B. Hardy, Louisville, for respondent.

STEPHENS, Justice.

This case involves the forfeiture of a bond given by Joseph C. Hofgesang Sand Company, Inc., (hereinafter Hofgesang) to the Louisville and Jefferson County Board of Zoning Adjustment, (hereinafter Board). The principal issue on appeal is whether the sum of $120,000 stipulated in the bond is recoverable in its full amount, or whether the Planning and Zoning Commission is entitled only to its actual damages.

The execution of the bond by Hofgesang...

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