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LOUISVILLE AND JEFFERSON COUNTY v. SCHMIDT

No. 1999-SC-0542-TG.

83 S.W.3d 449 (2001)

LOUISVILLE AND JEFFERSON COUNTY PLANNING COMMISSION and D.R. Horton, Inc.—Louisville DBA Mareli Development Company Appellants v. Robert L. SCHMIDT, William D. Tatum, Edwin Parrott and William G. Husted Appellees

Supreme Court of Kentucky.

As Modified on Denial of Rehearing September 26, 2002.

Attorney(s) appearing for the Case

Deborah A. Bilitski, Assistant Jefferson County Attorney, John G. Carroll, Ackerson, Mosley & Yann, P.S.C., William B. Bardenwerper, Bardenwerper & Lobb, Louisville, Counsel for Appellants.

Bill V. Seiller, Seiller & Handmaker, LLP, Michael C. Bratcher, Seiller & Handmaker, LLP, Louisville, Counsel for Appellees.

STUMBO, Justice.

The issue in this case involves the use of the Innovative Residential Development Regulations of Jefferson County (IRDRJC). In a well-articulated opinion authored by Judge John W. Potter, the Jefferson Circuit Court declared the practice unconstitutional. Appellant, Louisville and Jefferson County Planning Commission, filed an appeal with the Court of Appeals. Upon a motion supported by both parties, we granted transfer because of the great and immediate...

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