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GRIFFITHS v. CITY OF ASHLAND

No. 94-CA-002872-MR.

920 S.W.2d 78 (1995)

Morris L. GRIFFITHS, Appellant, v. CITY OF ASHLAND, Kentucky and the Code Appeals Board for the City of Ashland, Kentucky, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court May 15, 1996.

Attorney(s) appearing for the Case

A. Scott Coburn (briefed), Ashland, C. Robert Schaub (argued and briefed), Huntington, West Virginia, for Appellant.

Kevin P. Sinnette (briefed), Richard Martin (argued), Ashland, for Appellee.

Before LESTER, C.J., and MILLER and SCHRODER, JJ.

SCHRODER, Judge.

Appellant, Morris L. Griffiths, appeals the dismissal of the declaratory judgment action by the circuit court for failure to exhaust his lower court remedies.

Morris L. Griffiths ("Morris") is the owner of a parcel of land at the intersection of U.S. Route 60 and Boy Scout Road, part of which lies within the Ashland city limits. Morris uses the property for open storage which attracted the attention of the Ashland Code

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