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EVANGEL. LUT. GOOD SAMA. v. ALBERT OIL

Nos. 96-SC-42-DG, 96-SC-54-DG and 96-SC-797-DG.

969 S.W.2d 691 (1998)

THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, INC., Appellant, v. ALBERT OIL COMPANY, INC.; City Council of Jeffersontown Kentucky; Clay Forman, in his official capacity as a member of the City Council of Jeffersontown, Kentucky; Sherman Kline, in his official capacity as a member of the City Council of Jeffersontown, Kentucky; Carol Pike, in her official capacity as a member of the City Council of Jeffersontown, Kentucky; Kathryn Roark, in her official capacity as a member of the City Council of Jeffersontown, Kentucky; Daniel H. Ruckriegel Sr., in his official capacity as Mayor of Jeffersontown, Kentucky, Appellees. William Montfort HELM and Louisville and Jefferson County Planning Commission, Appellants, v. COMMITTEE TO PROTECT THE PROSPECT AREA, INC.; City of Prospect and City Council of Prospect, Kentucky; City of Graymoor-Devondale; Grover Cox; Billy Henry; Allyne Anderson; Thelma Poe; Betty Bandy; Henry Jarrett; and Robert Farnon, Appellees. CITY OF PROSPECT and City Council of Prospect, Kentucky; the Committee to Protect the Prospect Area, Inc.; Alan C. Simon; and John Kington, Appellants, v. LOUISVILLE AND JEFFERSON COUNTY PLANNING COMMISSION and William Montfort Helm, Appellees.

Supreme Court of Kentucky.

Rehearing Denied July 23, 1998.

Attorney(s) appearing for the Case

J. Michael Dalton, Woodward, Hobson & Fulton, Louisville, for Evangelical Lutheran Society.

Victor B. Maddox and John David Dyche, Tachau, Maddox & Hovious, PLC, Louisville, for William M. Helm.

Paul B. Whitty, Louisville, for Louisville & Jefferson Planning Com'n.

John E. Evans and William C. Willock Jr., Evans & Willock, Louisville, for City of Prospect & City Council of Prospect.

Bill V. Seiller and Michael C. Bratcher, Seiller & Handmaker, LLP, Louisville, for Committee to Protect Prospect Area A.C. Simon & J. Kington.

Culver V. Halliday and Gregory L. Taylor, Stoll, Keenon & Park, Louisville, for Albert Oil Company.

Fred E. Fisher III, Louisville, for City Council of Jeffersontown.

Dave Whalin, Landrum & Shouse, Louisville, Jane Durkin Samuel, Sheila P. Hiestand, Landrum & Shouse, Lexington, for City of Graymoor-Devondale.

WINTERSHEIMER, Justice.

These appeals arise from a decision of the Court of Appeals reversing a judgment of the circuit court and determining that a local legislative body that fails to vote to override a recommended rezoning within 90 days retains legal authority over the zoning matter.

The principal issue is whether the failure of a local legislative body to take action on a planning commission recommendation within 90 days renders the recommendation final...

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