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TRIAD DEVELOPMENT/ALTA GLYNE v. GELLHAUS

No. 2002-SC-0733-DG, 2003-SC-0398-DG.

150 S.W.3d 43 (2004)

TRIAD DEVELOPMENT/ALTA GLYNE, INC.; Dominion Homes, Inc.; Dominion Homes of Kentucky, GP, LLC; Dominion Homes of Kentucky, Ltd.; Louisville and Jefferson County Planning Commission; Louisville and Jefferson County Department of Public Works; and the Louisville and Jefferson County Metropolitan Sewer District Appellants/Cross-Appellees, v. Rita C. GELLHAUS; Winston L. Shelton; and Laura S. Hall Appellees/Cross-Appellants.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing December 16, 2004.

Attorney(s) appearing for the Case

Dustin E. Meek, Brian F. Haara, Tachau Maddox Hovious & Dickens PLC, Paul B. Whitty, J. Mark Grundy, Ann Toni Kereiakes, Greenebaum Doll & McDonald PLLC, B. Frank Radmacher III, Asst. Jefferson County Attorney, Deborah A Bilitski, Office of Jefferson County Attorney, John H. Dwyer, Jr., Nancy J. Schook, Laurence Zielke, Pedley Zielke & Gordinier PLLC, Louisville, Counsel for Appellant/Cross-Appellees.

Patricia A. Abell, Richard M. Trautwein, Trautwein & Associates, Louisville, Counsel for Appellees/Cross-Appellants.

Marshall P. Eldred, Jr., Rebecca Anne Wood, Frost Brown Todd LLC, Louisville, Counsel for Amicus Curiae: the Homebuilders Ass'n of Louiville, Inc.

Opinion of the Court by Justice WINTERSHEIMER.

This appeal and cross-appeal are from an opinion of the Court of Appeals which affirms in part and reverses and remands in part a circuit court decision that dismissed an appeal from the Jefferson County Planning Commission and a civil complaint on the constitutionality of that decision.

The principal issues are whether the statutory appeal was properly dismissed because it was not timely, and whether the so-called...

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