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SPENCER COUNTY PRESERVATION v. BEACON HILL

No. 2005-CA-000626-MR.

214 S.W.3d 327 (2007)

SPENCER COUNTY PRESERVATION, INC., Appellant, v. BEACON HILL, LLC; Spencer County Fiscal Court; David Jenkins, County Judge-Executive; David Henry, Magistrate; Anthony Travis, Magistrate; Bill Shelburne, Magistrate; Bill Drury, Magistrate; and David Goodlett, Magistrate, Appellees.

Court of Appeals of Kentucky.

January 12, 2007.

Attorney(s) appearing for the Case

Culver V. Halliday, Lee A. Webb, Stoll, Keenon & Park, LLP, Louisville, KY, for appellant.

John F. Carroll, Charles S. Tichenor, Porter & Associates, Shepherdsville, KY, for appellee, Beacon Hill, LLC.

Robert T. Watson, Chris J. Gadansky, Landrum & Shouse, Louisville, KY, for appellees, Spencer County Fiscal Court; David Jenkins, County Judge-Executive; David Henry, Magistrate; Anthony Travis, Magistrate; Bill Shelburne, Magistrate; Bill Drury, Magistrate; and David Goodlett, Magistrate.

Before JOHNSON and TAYLOR, Judges; HUDDLESTON, Senior Judge.

TAYLOR, Judge.

Spencer County Preservation, Inc. (SCP), brings this appeal from a February 17, 2005, order of the Spencer Circuit Court granting summary judgment for appellees. The circuit court held that SCP lacked standing to pursue an appeal of the Spencer County Fiscal Court's zoning action. For different reasons, we affirm.

In September 2004, pursuant to a recommendation by the Taylorsville-Spencer County Joint Planning and Zoning Commission, the Spencer...

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