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AT & T WIRELESS PSC v. CITY OF INDEPENDENCE

No. 2000-CA-001059-MR.

63 S.W.3d 609 (2001)

AT & T WIRELESS PSC, INC., Appellant, v. CITY OF INDEPENDENCE, Kentucky; Kenton County & Municipal Planning and Zoning Commission; and The Highland Cemetery, Appellees.

Court of Appeals of Kentucky.

December 21, 2001.

Attorney(s) appearing for the Case

Harry D. Rankin, Holland N. McTyeire, V, Greenbaum, Doll & McDonald PLLC, Covington, Catherine Blue, Chief Counsel Land Use, AT & T Wireless Services, Paramus, NJ, for Appellant.

Peggy Murphy Barker, Thomas C. Lyons, Jeffrey W. Ruple, Murphy & Lyons, PSC, Covington, for Appellee City of Independence.

David A. Schneider, Debra S. Pleatman, Ziegler & Schneider, PSC, Covington, for Appellee Kenton County & Municipal Planning & Zoning Commission.

No brief for Appellee The Highland Cemetery.

Before: KNOPF, SCHRODER, and TACKETT, Judges.

KNOPF, Judge:

AT & T Wireless PSC, Inc. (AT & T Wireless) appeals from a declaratory judgment and injunction of the Kenton Circuit Court prohibiting it from building a wireless communications facility on an undeveloped parcel of land owned by and adjacent to a cemetery. This matter concerns the interpretation of KRS 381.690, which requires cities to protect burial grounds within their limits from use as building sites. AT & T Wireless contends that the...

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