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ROGERS GROUP, INC. v. MASTERSON

Nos. 2004-CA-000341-MR, 2004-CA-000483-MR.

175 S.W.3d 630 (2005)

ROGERS GROUP, INC., and Holloway & Son Construction Co., Inc., Appellants, v. Gary MASTERSON; Roszelle Moore; Ann Wilson; Gene Snawder; Clara Toles; Dan Gibson; June Fields; Concerned Citizens United, Inc.; City of West Point; West Point City Council; West Point Planning & Zoning Commission; West Point Board of Zoning Adjustments; and Hardin Circuit Court, Hon. T. Steven Bland, Judge, Appellees. City of West Point; West Point City Council; West Point Planning & Zoning Commission; and West Point Board of Adjustments, Appellants, v. Gary Masterson; Roszelle Moore; Ann Wilson; Gene Snawder; Clara Toles; Dan Gibson; June Fields; Concerned Citizens United Inc.; Rogers Group, Inc.; Holloway & Son Construction, Inc.; and Hardin Circuit Court, Hon. T. Steven Bland, Judge, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 16, 2005.

Attorney(s) appearing for the Case

David Pike, F. Keith Brown, Shepherdsville, KY for appellants, Rogers Group, Inc. and Holloway and Son Construction Co., Inc.

Thomas E. Cooper, Elizabethtown, KY, for appellants, City of West Point, West Point City Council, West Point Planning & Zoning Commission, and West Point Board of Adjustments.

W. Henry Graddy, IV, Midway, KY, for appellees, Gary Masterson, Roszelle Moore, Ann Wilson, Gene Snawder, Clara Toles, Dan Gibson, June Fields, Concerned Citizens United, Inc., Rogers Group, Inc., Holloway & Son Construction, Inc., and Hardin Circuit Court, Hon. T. Steven Bland, Judge.

Before BARBER and VANMETER, Judges; and HUDDLESTON, Senior Judge.

OPINION

BARBER, Judge.

The Hardin Circuit Court determined that a previous judgment entered by another judge of that circuit was void; being violative of the prohibition against illegal judicial rezoning, thus, it set aside the judgment. We affirm.

This litigation has a long history. The story began when the Fort Knox Military Reservation deeded some surplus land to the City of West Point. The City of West Point then transferred the land to...

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