NICHOLASVILLE ROAD v. LEXINGTON-FAYETTE

No. 1998-CA-000054-MR.

994 S.W.2d 521 (1999)

NICHOLASVILLE ROAD NEIGHBORHOOD CONSORTIUM INC.;Robert D. Boone; Robert L. Kelly; David A. Schlesser; and Douglas D. Gerdts, Appellants, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT;Lexington-Fayette Urban County Council; Pam Miller, in her capacity as Mayor of the Lexington-Fayette Urban County Government; Teresa Ann Isaac, in her capacity as Vice Mayor and as a member of the Urban County Council; Charles W. Ellinger, D.D.S., in his capacity as a member of the Urban County Council; David B. Stevens, M.D., in his capacity as a member of the Urban County Council; George A. Brown, Jr., in his capacity as a member of the Urban County Council; Robert R. Jefferson, in his capacity as a member of the Urban County Council; Kathy Pratt, in her capacity as a member of the Urban County Council and her successor-in-interest Dick Decamp; Isabel Yates, in her capacity as a member of the Urban County Council; Fernita Wallace, in her capacity as a member of the Urban County Council and her successor-in-interest Bill Farmer, Jr.; Bobby Flynn, in his capacity as a member of the Urban County Council and his successor-in-interest Albert S. Mitchell; Willy Fogle, in his capacity as a member of the Urban County Council; Fred V. Brown, in his capacity as a member of the Urban County Council; Roy Durbin, in his capacity as a member of the Urban County Council and his successor-in-interest Jennifer Mossotti; Sandy Shafer, in her capacity as a member of the Urban County Council; Jack E. Hilliard, in his capacity as a member of the Urban County Council and his successor-in-interest Richard P. Moloney; Gloria Martin, in her capacity as a member of the Urban County Council; Lexington-Fayette Urban County Planning Commission; Walter W. May, Chairperson, in his capacity as a member of the Urban County Planning Commission; Rose M. Lucas, Vice-Chairperson, in her capacity as a member of the Urban County Planning Commission; Eugene B. Ballentine, in his capacity as a member of the Urban County Planning Commission; Dr. Thomas M. Cooper, in his capacity as a member of the Urban County Planning Commission; Sarah Gregg, in her capacity as a member of the Urban County Planning Commission; Dalam B. Harper, Jr., in his capacity as a member of the Urban County Planning Commission; Robert D. Kelly, in his capacity as a member of the Urban County Planning Commission and his successor-in-interest Carolyn S. Bratt; George L. Logan, in his capacity as a member of the Urban County Planning Commission; Dwight Price, in his capacity as a member of the Urban County Planning Commission and his successor-in-interest Keith Mays; Leslie Patterson Vose, in her capacity as a member of the Urban County Planning Commission; Don Robinson, in his capacity as a member of the Urban County Planning Commission; and Investment Properties, Inc. of Lexington, Appellees.

Court of Appeals of Kentucky.

June 4, 1999.


Attorney(s) appearing for the Case

T. Bruce Simpson, Jr., Lexington, for Appellants.

Edward W. Gardner, Chris Westover, Lexington, for Appellees Lexington-Fayette Urban County Government; Lexington-Fayette Urban County Planning Commission.

James G. Amato, Stephen G. Amato, Lexington, for Appellee Investment Properties, Inc. of Lexington.

Before: DYCHE, GUIDUGLI and McANULTY, Judges.


OPINION

McANULTY, Judge.

This is an appeal from a Fayette Circuit Court order affirming the decision of the Lexington-Fayette Urban County Council ("Council") which approved the rezoning of five lots from the existing two-family residential (R-2) zone to a planned neighborhood residential (R-3) zone. Appellants assert, among other things, that because the Council failed to act within the ninety-day time period imposed by KRS 100.211(7) the Planning...

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