DANVILLE-BOYLE COUNTY v. CENTRE ESTATES

Nos. 2004-CA-001568-MR, 2004-CA-001569-MR, 2004-CA-001682-MR, 2004-CA-001685-MR.

190 S.W.3d 354 (2006)

DANVILLE-BOYLE COUNTY PLANNING COMMISSION, Pete Coyle, Chairman; Tom Broach; Gary Chidester; John Forsyth; Ernest Hatfield; Clyde Jackson; George Johnson; Tom Wright; Jack Jones; Hugh Mahon; and Andy Parker, Appellants, v. CENTRE ESTATES; City of Danville; Danville Board Of Commissioners; John W.D. Bowling; Ryan Owens; Terry Crowley; Jamey Gay; Chester Kavanaugh; Jim Davis and Nancy Davis, Appellees. and James Davis and Nancy Davis, Appellants, v. Centre Estates; City of Danville; Danville Board of Commissioners; John W.D. Bowling, Mayor; Ryan Owens; Terry Crowley; Jamey Gay; Chester Kavanaugh; Danville-Boyle County Planning Commission; Pete Coyle; Tom Broach; Gary Chidester; John Forsyth; Ernest Hatfield; Clyde Jackson; George Johnson; Tom Wright; Jack Jones; Hugh Mahon and Andy Parker, Appellees. and City of Danville; Danville Board of Commissioners; John W.D. Bowling, Mayor of the City of Danville; John W.D. Bowling, Member, Danville Board of Commissioners; Ryan Owens, Mayor Pro-Tem; Ryan Owens, Member, Danville Board of Commissioners; Terry Crowley, Member, Danville Board of Commissioners; Jamey Gay, Member, Danville Board of Commissioners; and Chester Kavanaugh, Member, Danville Board of Commissioners, Appellants, v. Centre Estates, A Kentucky General Partnership; Danville-Boyle County Planning Commission; Pete Coyle, Chairman, Danville-Boyle County Planning Commission; Tom Broach, Member, Danville-Boyle County Planning Commission; Gary Chidester, Member, Danville-Boyle County Planning Commission; John Forsyth, Member, Danville-Boyle County Planning Commission; Ernest Hatfield, Member, Danville-Boyle County Planning Commission; Clyde Jackson, Member, Danville-Boyle County Planning Commission; George Johnson, Member, Danville-Boyle County Planning Commission; Tom Wright, Member, Danville-Boyle County Planning Commission; Jack Jones, Member, Danville-Boyle County Planning Commission; Hugh Mahon, Member, Danville-Boyle County Planning Commission; Andy Parker, Member, Danville-Boyle County Planning Commission; James Davis, Member, Danville-Boyle County Planning Commission; and Nancy Davis, Member, Danville-Boyle County Planning Commission, Appellees. and Centre Estates, A Kentucky General Partnership, Cross-Appellant, v. City of Danville; Danville Board of Commissioners; John W.D. Bowling, In His Official Capacity as Mayor of the City of Danville; John W.D. Bowling, as a Member of the Danville Board of Commissioners; Ryan Owens, Mayor Pro-Tem, Member of the Danville Board of Commissioners; Terry Crowley, Member of the Danville Board of Commissioners; Jamey Gay, Member of the Board of Comissioners; Chester Kavanaugh, Member of the Danville Board of Commissioners; Danville-Boyle County Planning Commission; Pete Coyle, Chairman, Danville-Boyle County Planning Commission; Tom Broach, Member, Danville-Boyle County Planning Commission; Gary Chidester, Member, Danville-Boyle County Planning Commission; John Forsyth, Member, Danville-Boyle County Planning Commission; Ernest Hatfield, Member, Danville-Boyle County Planning Commission; Clyde Jackson, Member, Danville-Boyle County Planning Commission; George Johnson, Member, Danville-Boyle County Planning Commission; Tom Wright, Member, Danville-Boyle County Planning Commission; Jack Jones, Member, Danville-Boyle County Planning Commission; Hugh Mahon, Member, Danville-Boyle County Planning Commission; Andy Parker, Member, Danville-Boyle County Planning Commission; James Davis, Member, Danville-Boyle County Planning Commission; and Nancy Davis, Member, Danville-Boyle County Planning Commission, Cross-Appellees.

Court of Appeals of Kentucky.

March 24, 2006.


Attorney(s) appearing for the Case

Elizabeth G. Nickels, Danville, KY, for appellant, City of Danville.

Bruce E. Smith, Nicholasville, KY, for appellants, Danville-Boyle County Planning Commission and its Members.

Richard V. Murphy, Lexington, KY, for appellants, James Davis and Nancy Davis.

Rena G. Wiseman, Lexington, KY, for appellee, Centre Estates.

Before COMBS, Chief Judge; HENRY and SCHRODER, Judges.


OPINION

HENRY, Judge.

The Danville-Boyle County Planning Commission (Planning Commission), the Mayor and Board of Commissioners of the City of Danville (City) and Jim and Nancy Davis, landowners and intervening defendants, filed separate appeals from an Opinion and Order of the Boyle Circuit Court remanding this case to the Commission with directions that it adopt new findings and recommend a new zoning classification for undeveloped land owned by...

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