SLADON v. SHAWK

No. 90-CA-0773-MR.

815 S.W.2d 404 (1991)

Ronald B. SLADON and Carol A. Sladon, Appellants, v. Mark A. SHAWK; Thomas Phillip Zwierlein; Clark County, Kentucky; and Winchester-Clark County Planning Commission, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court October 16, 1991.


Attorney(s) appearing for the Case

James B. Stewart, White, McCann & Stewart, Winchester, for appellants.

Dan M. Rose, Stoll, Keenon & Park, Lexington, for Mark A. Shawk and Thomas Phillip Zwierlein.

R. Michael Grant, Robert Rose, Winchester, for Clark County, Ky.

James W. Clay, Winchester, for Winchester-Clark County Planning Com'n.

Before LESTER, C.J., and HAYES and WILHOIT, JJ.


WILHOIT, Judge.

This is an appeal from the judgment of the Clark Circuit Court dismissing the appellants' appeal of the Winchester-Clark County Planning Commission's approval of a subdivision plat. The issue in that appeal was whether the Clark Fiscal Court had the authority to adopt Clark County Fiscal Court Order No. 76-63. The circuit court found that it did.

This dispute involves a 9.5-acre tract of land lying within a district zoned agricultural. The...

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