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SPAINHOWARD v. HENDERSON, HENDERSON CTY. BD.

No. 1998-CA-002440-MR.

7 S.W.3d 396 (1999)

Terry SPAINHOWARD, Appellant, v. HENDERSON, HENDERSON COUNTY BOARD OF ZONING ADJUSTMENT; Robby Mills; Buena Taylor; W.D. Owens; Mike Sauer; George Austin; and Dorothy Willingham, Appellees.

Court of Appeals of Kentucky.

December 3, 1999.

Attorney(s) appearing for the Case

John R. Tarter, Neel, Wilson, & Clem, Henderson, Kentucky, for Appellant.

Joseph E. Ternes, Jr., Henderson, Kentucky, for Henderson, Henderson County Board of Zoning Adjustment; Robby Mills; Buena Taylor; W.D. Owens; Mike Sauer; and George Austin.

William F. Polk, Jr., Polk & Polk, Henderson, Kentucky, for Appellee Dorothy Willingham.

BEFORE: GUDGEL, Chief Judge; HUDDLESTON and SCHRODER, Judges.

OPINION

HUDDLESTON, Judge.

Henderson Circuit Court dismissed Terry Spainhoward's appeal from the Henderson, Henderson County Board of Zoning Adjustment because he failed to exhaust his administrative remedies. The sole issue presented in Spainhoward's appeal to this Court is whether the Board's determination that a recycling business is an inappropriate use within a general business district is a final action subject to judicial review when the Board...

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