BOARD OF COM'RS CITY OF DANVILLE v. DAVIS

No. 2006-CA-001924-MR.

238 S.W.3d 132 (2007)

BOARD OF COMMISSIONERS OF the CITY OF DANVILLE; John W.D. Bowling, Mayor; Terry Crowley; Jamey Gay; Kevin Caudill and Paige Stevens, Members of the Board, Appellants v. James L. DAVIS and Nancy Davis, Appellees.

Court of Appeals of Kentucky.

October 12, 2007.


Attorney(s) appearing for the Case

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

Richard V. Murphy, Lexington, KY, for appellee.

Before HOWARD and VANMETER, Judges; GUIDUGLI, Senior Judge.


OPINION

GUIDUGLI, Senior Judge.

Board of Commissioners of the City of Danville, et al. ("the Board") appeal the July 3, 2006 and August 16, 2006 orders of the Boyle Circuit Court declaring conditions on a zoning reclassification as impermissible and upholding the zoning reclassification minus the offending conditions. We affirm.

FACTUAL AND HISTORICAL BACKGROUND

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