BAR-DEL, INC. v. OZ, INC.

No. 92-CA-000676-MR.

850 S.W.2d 855 (1993)

BAR-DEL, INC. and Barbara J. Deleuil, Appellants, v. OZ, INC., Appellee.

Court of Appeals of Kentucky.

April 9, 1993.


Attorney(s) appearing for the Case

Bar-Del, Inc., Barbara J. Deleuil, pro se.

Bernard S. Lewis, George Salem, Jr., Louisville, for appellee.

Before HUDDLESTON, McDONALD and SCHRODER, JJ.


SCHRODER, Judge:

This case questions whether a mistake in the zoning classification is a mistake of law or a mistake of fact.

The appellants agreed to sell and the appellee agreed to buy a tavern and accompanying licenses located at 4133 Bardstown Road, in Louisville. After the down payment was made, the purchaser applied for a permit to remodel when it discovered that the property was not zoned for a tavern use, even though the sellers had operated a tavern...

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