BELLEFONTE LAND, INC., A Kentucky Corporation, Appellant,
v.
BELLEFONTE, KENTUCKY, A Municipal Corporation; Richard A. Macomb, Mayor of City of Bellefonte, in His Official Capacity as Mayor; Richard A. Macomb, Thomas R. Bradley, Fred Greenwood, Jay Qualls and Robert G. Snoddy, In Their Official Capacity as Members of the Board of Commissioners of the City of Bellefonte, Kentucky; The Board of Adjustment of the City of Bellefonte; W.B. Saunders, Paul Dykes, William R. Christensen, Roger Holmes and Phillip Maroudis, In Their Official Capacity as Members of the Board of Adjustment of the City of Bellefonte; The Greenup County Joint Planning Commission; Thomas M. Saylor; Cecil Castle; Mildred V. Enyart; Michael Garlinger; Fred Greenwood; Roger Hayner; Connie Kenney; Gary Massie; Roger Miller; Don Nicholls; Brian Ashley; and Millie Willis, In Their Official Capacity as Members of the Greenup County Joint Planning Commission; and Commonwealth of Kentucky, Department of Highways, Transportation Cabinet, Appellees.
Court of Appeals of Kentucky.https://leagle.com/images/logo.png
October 29, 1993.
October 29, 1993.
Attorney(s) appearing for the Case
William M. Lear, Jr., Rena G. Wiseman, Lexington, for appellant.
Michael L. Ades, Leslie Patterson Vose, Job D. Turner, III, Jane Durkin Samuel, Lexington, William R. Palmer, Jr., Greenup, for appellees, Bellefonte, KY, a Mun. Corp.; Richard A. Macomb, Mayor of City of Bellefonte, in His Official Capacity as Mayor; Richard A. Macomb, Thomas R. Bradley, Fred Greenwood, Jay Qualls and Robert G. Snoddy, In Their Official Capacity as Members of the Board of Commissioners of the City of Bellefonte, Kentucky; The Board of Adjustment of the City of Bellefonte; W.B. Saunders, Paul Dykes, William R. Christensen, Roger Holmes and Phillip Maroudis, In Their Official Capacity as Members of the Board of Adjustment of the City of Bellefonte; The Greenup County Joint Planning Commission; Thomas M. Saylor; Cecil Castle; Mildred V. Enyart; Michael Garlinger; Fred Greenwood; Roger Hayner; Connie Kenney; Gary Massie; Roger Miller; Don Nicholls; Brian Ashley; and Millie Willis, In Their Official Capacity as Members of the Greenup County Joint Planning Com'n.
David A. Collins, Flemingsburg, Michael C. Wilson, Russell, for appellee, Commonwealth of Kentucky, Dept. of Highways, Transp. Cabinet.
Before DYCHE, MILLER and SCHRODER, JJ.
Court of Appeals of Kentucky.
SCHRODER, Judge:
This is a planning and zoning case which challenges the validity of certain city ordinances and the circuit court's procedural dismissal of the same for failure to state a claim.
The appellant owns approximately 400 + acres in the City of Russell, Greenup County, and a sixty foot right-of-way adjoining said parcel and connecting the same to State Highway # 1093. Said right-of-way is located entirely...
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