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FRITZ v. LEXINGTON-FAYETTE URBAN CTY GOV.

No. 97-CA-002214-MR.

986 S.W.2d 456 (1998)

John R. FRITZ; Mary Louise McConathy Fritz; Bettie Fritz Graves; Alfred J. Graves; and Bellerive Development Corp., a Kentucky Corporation, Appellants, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Lexington-Fayette Urban County Council; Teresa Ann Isaac, vice mayor, Charles W. Ellinger, D.D.S., David B. Stevens, M.D., George A. Brown, Jr., Robert R. Jefferson, Kathy Pratt, Isabel Yates, Fernita Wallace, Bobby Flynn, Willy Fogle, Fred V. Brown, Roy Durbin, Sandy Shafer, Jack E. Hillard, and Gloria Martin, in their official capacity as individual members of the Lexington-Fayette Urban County Council; Pam Miller, in her official capacity as Mayor of the Government; Lexington-Fayette Urban County Planning Commission; Walter W. May, Chairman, Eugene Ballentine, Dr. Thomas M. Cooper, Sarah Gregg, Dallam B. Harper, Jr., Robert D. Kelly, George L. Logan, Rose M. Lucas, Dwight Price, Don Robinson, and Leslie Patterson Vose, in their official capacity as members of the Lexington-Fayette Urban County Planning Commission, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court March 17, 1999.

Attorney(s) appearing for the Case

William M. Lear, Jr., Rena G. Wiseman, Lexington, for Appellants.

Edward W. Gardner, Chris Westover, Lexington, for Appellee.

Before EMBERTON, GARDNER, and SCHRODER, Judges.

OPINION

SCHRODER, Judge.

This is a planning and zoning case which alleges error in denying a zone change request which was not in accordance with the comprehensive plan of the Lexington-Fayette Urban County Government. Appellants urge a compelling need for their request and major unanticipated changes in the area.

The appellants filed an application in 1995 to rezone approximately 10 acres of land, located on the southeast corner of the intersection...

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