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GREENWAY ENTERPRISES, INC. v. CITY OF FRANKFORT

No. 2003-CA-001169-MR.

148 S.W.3d 298 (2004)

GREENWAY ENTERPRISES, INC., Appellant, v. CITY OF FRANKFORT; Dewey David Huff; and Kenneth Thompson, Appellees.

Court of Appeals of Kentucky.

October 8, 2004.

Attorney(s) appearing for the Case

Damon B. Willis, Joseph C. Souza, Louisville, KY, for appellant.

Kevin G. Henry, Andrew DeSimone, Lexington, KY, for appellees.

Before BARBER, SCHRODER, and VANMETER, Judges.

OPINION

SCHRODER, Judge.

Greenway Enterprises, Inc. appeals a summary judgment dismissing their damage claim for delays in providing sewer hookups for its development. We opine that the planning and zoning approval of a preliminary development plan does not create a contract obligating the city to a timetable for the extension of sewer lines to the development, and that in order for city employees to be liable for ministerial duties, there has to...

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