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RATLIFF v. PHILLIPS

No. 87-SC-326-DG.

746 S.W.2d 405 (1988)

Daryle RATLIFF; Board of Zoning Adjustments and Pikeville Kentucky Planning Zoning Commission, Movants, v. Arnold PHILLIPS and City of Pikeville, Respondents.

Supreme Court of Kentucky.

March 3, 1988.

Attorney(s) appearing for the Case

H. Edward Maddox, Pikeville, for movants.

Miller Kent Carter, Lawrence R. Webster, Pikeville, for respondents.

LAMBERT, Justice.

Resolution of this appeal requires construction of KRS 100.263. Reversing the circuit court, the Court of Appeals held that failure of the Board of Zoning Adjustment to render its decision within sixty days after the hearing divested the Board of jurisdiction. As this issue appears to be of first impression (CR 76.20), we granted discretionary review and now reverse the Court of Appeals.

Respondent, Arnold Phillips, sought a permit to locate...

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