BURNS v. PEAVLER


721 S.W.2d 715 (1986)

Don BURNS, Appellant, v. Lee PEAVLER, Don Yeast, James Hunter Royalty, and Greater Mercer County Board of Adjustment, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court January 13, 1987.


Attorney(s) appearing for the Case

James F. Clay, Jr., Danville, for appellant.

W.A. Wickliffe, David Patrick, Harrodsburg, for appellees.

Before COMBS, MILLER and WILHOIT, JJ.


MILLER, Judge.

Appellant, Don Burns, appeals a Mercer Circuit Court order dismissing his cause of action. We affirm.

A detailed rendition of the facts is necessary for a complete understanding of our disposition. In October, 1982, Tyler and Tyler Enterprises (Tyler) requested a zone change from the Mercer County Planning and Zoning Commission. Tyler desired to build multi-family dwelling units on a tract of land zoned only for single or double occupancy. On...

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