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HENRY FISCHER BUILDER, INC. v. MAGEE

No. 96-CA-1858-MR.

957 S.W.2d 303 (1997)

HENRY FISCHER BUILDER, INC.; H & F Investments (A Kentucky Partnership); and Henry K. Fischer and Elaine Fischer, Appellants, v. Kenneth MAGEE; Kathleen Magee; David Magee; City of Crescent Springs, Kentucky and The Drees Company, Inc., Appellees.

Court of Appeals of Kentucky.

December 5, 1997.

Attorney(s) appearing for the Case

Mark G. Arnzen, Beverly R. Storm, Covington, for Appellants.

James A. Dressman, III, Covington, for Appellees, Kenneth Magee and Kathleen Magee.

Thomas R. Nienaber, Florence, for Appellee, David Magee.

Kevin L. Murphy, Covington, for Appellee, The Drees Company, Inc.

No Brief for Appellee, City of Crescent Springs.

Before BUCKINGHAM, GARDNER and SCHRODER, JJ.

OPINION

SCHRODER, Judge.

This is a planning and zoning case which asks how binding a preliminary plat is. Street dedications under subdivision regulations, adopted pursuant to Chapter 100 of the Kentucky Revised Statutes, are compared to dedications under KRS 82.400 and common law dedications.

The parties are well aware of who played which part in this case scenario, so for purposes of this appeal, we are going to say a developer, wishing...

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