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MARTIN v. BEEHAN

689 S.W.2d 29 (1985)

Rob MARTIN and Phoenix Properties, Appellants, v. Thomas BEEHAN; Covington Board of Adjustment; City of Covington; Covington Board of Commissioners; Fred N. Donsback, Jr.; and Kenton County Municipal Planning and Zoning Commission, Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing March 22, 1985.

Discretionary Review Denied and Opinion Ordered Published by Supreme Court May 15, 1985.

Attorney(s) appearing for the Case

Otto Daniel Wolff, Paxton & Seasongood, Cincinnati, Ohio, for appellants.

Jeffrey J. Harmon, Manley, Jordan & Fischer, Cincinnati, Ohio, Arnold Simpson, Charles Wagner, Covington, Frank G. Ware, Florence, for appellees.

Before LESTER, MILLER and WILHOIT, JJ.

MILLER, Judge.

This dispute involves the question of "abandonment" of a nonconforming use existing under the zoning ordinance applicable to the City of Covington, Kentucky.1 Nonconforming use is authorized (grandfathered) under KRS 100.253 which provides, in part, as follows:

"EXISTING NONCONFORMING USE, CONTINUANCE — CHANGE — EFFECT OF NONCONFORMING USE OF TEN YEARS' DURATION — APPLICATION. —...

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