OWENSBORO MET. BD. v. MIDWEST OUTDOOR AD.


729 S.W.2d 446 (1987)

OWENSBORO METROPOLITAN BOARD OF ADJUSTMENTS, Consisting of Buzz Norris, Mary Basham, Frank Wagner, Melvin Smith, C.A. Pantle, Jr., Robert Hoskins, and Robert Hardesty, its members; the Owensboro Metropolitan Planning Commission; Daviess County, Kentucky, a Political Subdivision of the Commonwealth of Kentucky; City of Owensboro, Kentucky, a Political Subdivision of the Commonwealth of Kentucky, Appellants, v. MIDWEST OUTDOOR ADVERTISING, INC., a Kentucky Corporation; Ray McCormick, Jr., and Commonwealth of Kentucky, Transportation Cabinet, Division of Traffic, G.C. Ethington, Director, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 27, 1987.

Discretionary Review Denied by Supreme Court June 2, 1987.


Attorney(s) appearing for the Case

Stewart B. Elliott, Owensboro, for appellants.

Frank Stainback, Owensboro, for appellees, Midwest Outdoor Advertising, Inc., and Ray McCormick, Jr.

Hubert P. Griffin, Louisville, for appellees, Commonwealth of Kentucky, Transportation Cabinet, and G.C. Ethington.

Before COMBS, GUDGEL and McDONALD, JJ.


COMBS, Judge:

This is an appeal from a judgment of the Daviess Circuit Court which denied appellants relief against appellees Midwest Outdoor Advertising, Inc., and Ray McCormick, Jr., and overruled a motion for a writ of mandamus against appellee Transportation Cabinet.

This controversy concerns an electronic message center, (sign), which was constructed in Owensboro. In February, 1983, McCormick applied for a permit to construct this sign. Owensboro's building...

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