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COSMOS BROADCASTING v. TRANSP. CABINET

Nos. 87-CA-470-MR, 87-CA-548-MR.

759 S.W.2d 824 (1988)

COSMOS BROADCASTING CORPORATION and WAVE-TV, Appellants, v. COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, AERONAUTICAL DIVISION; Kentucky Airport Zoning Commission, Administrator and Members; Aircraft Owners & Pilots Association, Inc.; Kentucky Yacht Sales; Falls City Pilots Association, Inc.; Kentucky Flying Service; National Business Aircraft Association; Jefferson County Regional Airport Authority; and William Hamilton, Appellees. KENTUCKY AIRPORT ZONING COMMISSION, COMMONWEALTH OF KENTUCKY, Cross-Appellant, v. COSMOS BROADCASTING CORPORATION and WAVE-TV, Cross-Appellees.

Court of Appeals of Kentucky.

As Modified June 10, 1988.

Rehearing Denied September 16, 1988.

Discretionary Review Denied by Supreme Court December 7, 1988.

Attorney(s) appearing for the Case

Bruce R. Hamilton, Hamilton, McClellan, Uhling, Smith & Hensley, LaGrange, Virginia Hamilton Snell, K. Gregory Haynes, Wyatt, Tarrant & Combs, Louisville, for appellants/cross-appellees.

David L. Armstrong, Atty. Gen., Frankfort, John S. Yodice, Ronald D. Golden, Yodice Associates, Frederick, Joseph Powell, Washington, D.C., Charles D. Moore, Harry E. Sykes, Jr., Office of Gen. Counsel, Transp. Cabinet, Frankfort, Harry L. Riggs, Jr., Riggs, Riggs & Walker, Erlanger, Mark R. Overstreet, Stites & Harbison, Frankfort, for appellees/cross-appellants.

Gary D. Phillips, John K. Doll, Greenebaum Boone Treitz Maggiolo, Reisz & Brown, Louisville, amici curiae.

Before DYCHE, McDONALD and REYNOLDS, JJ.

McDONALD, Judge:

Cosmos Broadcasting Corporation and WAVE-TV (WAVE) filed application for a permit to construct a tower which by amendment to the application was to be no more than 1,739 feet high. The tower is to be constructed and located in Oldham County, approximately 20 statute miles from the nearest airport but on a direct line between the Cincinnati Airport in Boone County, Kentucky, and the Bowman Field Airport in Jefferson County, Kentucky.

WAVE obtained...

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