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MARTIN-MARIETTA MATERIALS v. BOONE COUNTY

Nos. 2000-CA-001855-MR, 2000-CA-001979-MR.

89 S.W.3d 428 (2002)

MARTIN-MARIETTA MATERIALS, INC.; Bedrock Investment, LLC; Sawyer Place, LLC; and Guttman Enterprise Limited Partnership, Appellants, v. BOONE COUNTY FISCAL COURT; Boone County Planning Commission; E-Town Development, Inc.; and Bullittsburg Baptist Church, Appellees. E-Town Development, Inc.; and Bullittsburg Baptist Church, Cross-Appellants, v. Martin-Marietta Materials, Inc.; Bedrock Investment, LLC; Sawyer Place, LLC; Guttman Enterprise Limited Partnership; Boone County Fiscal Court; and Boone County Planning Commission, Cross-Appellees.

Court of Appeals of Kentucky.

November 1, 2002.

Attorney(s) appearing for the Case

Mark D. Guilfoyle, Richard G. Meyer, Deters, Benzinger, & LaVelle, P.S.C., Covington, KY, for Appellant/Cross-Appellee Martin-Marietta Materials, Inc.

John R. Kummer, Ware, Bryson, West & Kummer, Edgewood, KY, for Appellants/Cross-Appellees Bedrock Investment, LLC; Sawyer Place, LLC; and Guttman Enterprise Limited Partnership.

Mark D. Guilfoyle, Deters, Benzinger, & LaVelle, P.S.C., Covington, KY, for Appellant/Cross-Appellee Martin-Marietta Materials, Inc.

Jeffrey C. Mando, Mary Ann Stewart, Adams, Stepner, Woltermann & Dusing, P.L.L.C., Covington, KY, Dale T. Wilson, Rouse, Skees, Wilson & Dillon, Florence, KY, Larry J. Crigler, Burlington, KY, for Appellees/Cross-Appellees Boone County Fiscal Court and Boone County Planning Commission.

Kevin L. Murphy, David C. Nalley, Kevin L. Murphy & Assoc., PSC, Covington, KY, for Appellee/Cross-Appellant Bullittsburg Baptist Church and E-Town Development, Inc.

Jeffrey C. Mando, Adams, Stepner, Woltermann & Dusing, P.L.L.C., Covington, KY, for Appellees/Cross-Appellees Boone County Fiscal Court and Boone County Planning Commission.

Kevin L. Murphy, Kevin L. Murphy & Assoc., PSC, Covington, KY, for Appellees/Cross-Appellants Bullittsburg Baptist Church and E-Town Development, Inc.

Before DYCHE, GUDGEL, and HUDDLESTON, Judges.

OPINION

DYCHE, Judge

When pared of its non-essential rhetoric, the issue in this hard-fought and thoroughly litigated case is a relatively simple one: Have the appellants produced evidence of substance which compels the granting of their petition for a zone change/map amendment for the property in dispute? Put differently, was the Boone Fiscal Court's action, in denying such a change, arbitrary? Landgrave v. Watson, Ky.App.,

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