DEMPSEY v. NEWPORT BD. OF ADJUSTMENTS

No. 95-CA-1250-MR.

941 S.W.2d 483 (1997)

Charles W. DEMPSEY, Appellant, v. NEWPORT BOARD OF ADJUSTMENTS and City of Newport, Kentucky, Appellees.

Court of Appeals of Kentucky.

March 28, 1997.


Attorney(s) appearing for the Case

Elaine Costello, Highland Heights, for Appellant.

Michael L. Schulkens, Newport, for Appellees.

Before BUCKINGHAM, COMBS and KNOPF, JJ.


COMBS, Judge.

Charles W. Dempsey brings this appeal from an April 19, 1995, order of the Campbell Circuit Court affirming a decision of the Newport Board of Adjustment. We reverse and remand the judgment with directions.

This appeal involves the termination of a nonconforming use existing under the City of Newport's zoning ordinance. Nonconforming use is authorized by KRS 100.253, an enabling act, which provides, in part, as follows:

The lawful use...

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