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21ST CENTURY DEVELOPMENT CO., LLC v. WATTS

No. 96-CA-03057-MR.

958 S.W.2d 25 (1997)

21st CENTURY DEVELOPMENT COMPANY, LLC; Jerry Lunsford; Jane Leathers; The Frankfort-Franklin County Planning and Zoning Commission and its members: Sherron Jackson, Richard Powell, Jack Lancaster, Leroy Smith, Eddie Adams, Lloyd Lynch, Bob Mason, Lee Waterfield, William Willis, Bruce Quarles and Forrest Banta; The Franklin County Fiscal Court and its members: Judge David Hughes (Successor to Bob Arnold), Jill Robinson, Carmello Benassi, Harold Robinson, J.W. Luttrell, Jennie Smither and Howard Dawson, Appellants, v. Thomas L. WATTS, Appellee.

Court of Appeals of Kentucky.

December 24, 1997.

Attorney(s) appearing for the Case

Robert W. Kellerman Frankfort, for Appellants, 21st Century Development Co., LLC and Jerry Lunsford.

Steven G. Bolton, Frankfort, for Appellee.

Before BUCKINGHAM, GARDNER and SCHRODER, JJ.

OPINION

SCHRODER, Judge.

This is a planning and zoning case involving a map amendment to the zoning ordinance. A neighbor objected to the amendment request and appealed the planning commission's and fiscal court's approval to the circuit court, which held the amendment was improperly granted, and voided the amendment. This case involves the interpretation and function of the comprehensive plan on a request for a zoning map amendment.

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