LEXINGTON-FAYETTE U. CTY. GOV. v. SCHNEIDER

No. 91-CA-2183-MR.

849 S.W.2d 557 (1992)

LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Lexington-Fayette Urban County Planning Commission; Mr. W. Rush Mathews, Mrs. Preston Madden, Mr. L.T. Flynn, Mrs. Marty Howard, Mr. Samuel Milner, Mr. John M. Brown, Mr. Alex Boone, Mrs. Rose Lucas, Mr. Walter W. May, Mr. Roy Walton, and Dr. Thomas Cooper, in their Official Capacities as Members of the Lexington-Fayette Urban County Planning Commission, Appellants, v. F.W. SCHNEIDER and Hi Acres Development Company, a Kentucky Corporation, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 14, 1993.


Attorney(s) appearing for the Case

Edward W. Gardner, Christine N. Westover, Lexington, for appellants.

William M. Lear, Jr., Rena Wiseman, Stoll, Keenon & Park, Lexington, for appellees.

Before HOWERTON, HUDDLESTON and MILLER, JJ.


HOWERTON, Judge.

This is an appeal from a judgment of the Fayette Circuit Court directing the Lexington-Fayette Urban County Planning Commission to approve a development plan without requiring the developer to dedicate land and construct a bridge on the property.

Hi Acres Development Company and F.W. Schneider ("Hi Acres") owned 85 acres in southwestern Fayette County, just north of the Jessamine County line between Harrodsburg Road and Clays Mill Road and...

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