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WARREN COUNTY CITIZENS v. BOARD OF COM'RS

Nos. 2004-CA-002251-MR, 2004-CA-002320-MR, 2005-CA-000287-MR, 2005-CA-000345-MR.

207 S.W.3d 7 (2006)

WARREN COUNTY CITIZENS FOR MANAGED GROWTH, INC.; Jim Duffer, as Chairman and Individually; Robert A. Hill, as Vice-chairman and Individually; and Gayla Cissell, as Secretary and Individually, Appellants/Cross-Appellees, v. BOARD OF COMMISSIONERS OF CITY OF BOWLING GREEN, Kentucky; City-County Planning Commission of Warren County, Kentucky; Inter-Modal Transportation Authority, Inc.; South-Central Kentucky Regional Development Authority; and Helen Marie Wallace Stahl, Appellees/Cross-Appellants, and Warren County Citizens for Managed Growth, Inc.; Jim Duffer, as Chairman and Individually; Gayla Cissell, as Secretary and Individually; and Rita Rudloff, as Board Member and Individually, Appellants/Cross-Appellees, v. Board of Commissioners of City of Bowling Green, Kentucky; City-County Planning Commission of Warren County, Kentucky; Inter-Modal Transportation Authority, Inc.; South-Central Kentucky Regional Development Authority; David and Shirley Herrington; Estate of Mabel I. Herring; and Danny and Margie Duvall, Appellees/Cross-Appellants.

Court of Appeals of Kentucky.

Rehearing Denied July 17, 2006.

Discretionary Review Denied by Supreme Court December 13, 2006.

Attorney(s) appearing for the Case

W. Henry Graddy, IV, W.H. Grady & Associates, Midway, KY, Benjamin D. Crocker, Travelstead & Crocker, Bowling Green, KY, for appellants/cross-appellees.

H. Eugene Harmon, City of Bowling Green, Department of Law Bowling Green Kentucky, Frank Hampton Moore, Jr., Matthew P. Cook, Cole & Moore, & Baker, Bowling Green, KY, Sheryl Snyder, Louisville, KY, for appellees/cross-appellants Board of Commissioners of City of Bowling Green and City County Planning Commission of Warren County.

L. Jude Clark, Jr., Griffin Terry Sumner, Sheryl Snyder, Frost Brown Todd, LLC, Louisville, KY, Whayne C. Priest, Jr. English, Lucas, Priest & Owsley, LLP, Bowling Green, KY, for appellee/cross-appellants Inter-Modal Transportation Authority, Inc., South Central Kentucky Regional Development Authority and Helen Marie Wallace Stahl.

Before KNOPF and TACKETT, Judges, and HUDDLESTON, Senior Judge.

OPINION

KNOPF, Judge.

Warren County Citizens for Managed Growth, Inc. (WCCMG) appeals from summary judgment orders of the Warren Circuit Court affirming two Bowling Green city ordinances re-zoning tracts of property from agricultural to industrial. WCCMG also appeals from the circuit court's dismissal of its declaratory judgment actions relating to those re-zonings. The appellees cross-appeal from the circuit court's findings that WCCMG and its named...

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