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CITY OF WORTHINGTON v. WORTHINGTON FIRE

No. 2002-CA-002266-MR.

140 S.W.3d 584 (2004)

CITY OF WORTHINGTON HILLS, Kentucky, Appellant, v. WORTHINGTON FIRE PROTECTION DISTRICT; Worthington Community Association; Louisville and Jefferson County Planning Commission; and Jefferson County, Kentucky, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied July 20, 2004.

Attorney(s) appearing for the Case

Stephen A. Schwager, Kyle T. Hubbard, Louisville, KY, for appellant.

J. Bissell Roberts, Stites & Harbison, PLLC, Louisville, KY, for appellees, Worthington Hills Fire Protection District and Worthington Community Association.

Before MINTON, SCHRODER and TAYLOR, Judges.

OPINION

TAYLOR, Judge.

The City of Worthington Hills (also referred to as Worthington Hills or as the City) brings this appeal from a September 6, 2002, opinion and order of the Jefferson Circuit Court. We vacate and remand with directions.

The present controversy surrounds Worthington Hills' erection of a gate across a public right of way known as Halifax Drive. Worthington Hills is a sixth class...

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