The GREATER HARRODSBURG/MERCER COUNTY PLANNING & ZONING COMMISSION; Bob Upchurch, in his Official Capacity; Boone Logan, in his Official Capacity; John Goodlet, in his Official Capacity; Rosetta Johnson, in her Official Capacity; Robert Lewis, in his Official Capacity; Bill Randolf, in his Official Capacity; Mercer County; John Trisler, County Judge Executive; Mercer County Fiscal Court and its Members; Dennis Holiday, in his Official Capacity; Larry Peyton, in his Official Capacity; J.B. Claunch, in his Official Capacity; Wayne Jackson, in his Official Capacity; Wayne Russell, in his Official Capacity; and Bill Waggener, in his Official Capacity, Appellants,
v.
Jill ROMERO and Andrew Romero, Appellees. and
The Greater Harrodsburg/Mercer County Board of Adjustments; Bob Upchurch, in his Official Capacity; Chad Horn, in his Official Capacity; August Faeth, in his Official Capacity; The City of Harrodsburg; Mayor Lonnie Campbell; The City of Harrodsburg City Commission; Joe Hood, in his Official Capacity; Kevin Perkins, in his Official Capacity; Eddie Long, in his Official Capacity; and Jack Springate, in his Official Capacity, Appellants,
v.
Jill Romero and Andrew Romero, Appellees.
Court of Appeals of Kentucky.https://leagle.com/images/logo.png
March 28, 2008.
March 28, 2008.
Attorney(s) appearing for the Case
Shelby C. Kinkead, Jr. Lexington, KY, for appellants The Greater Harrodsburg/Mercer County Planning & Zoning Commission; Bob Upchurch, in his Official Capacity; Boone Logan, in his Official Capacity; John Goodlet, in his Official Capacity; Rosetta Johnson, in her Official Capacity; Robert Lewis, in his Official Capacity; Bill Randolf, in his Official Capacity; Mercer County; John Trisler, County Judge Executive; Mercer County Fiscal Court and its Members; Dennis Holiday, in his Official Capacity; Larry Peyton, in his Official Capacity; J.B. Claunch, in his Official Capacity; Wayne Jackson, in his Official Capacity; Wayne Russell, in his Official Capacity; and Bill Waggener, in his Official Capacity.
David Patrick, Harrodsburg, KY, for appellants The Greater Harrodsburg/Mercer County Board Of Adjustments; Bob Upchurch, in his Official Capacity; Chad Horn, in his Official Capacity; August Faeth, in his Official Capacity; The City of Harrodsburg; Mayor Lonnie Campbell; The City of Harrodsburg City Commission; Joe Hood, in his Official Capacity; Kevin Perkins, in his Official Capacity; Eddie Long, in his Official Capacity; and Jack Springate, in his Offical Capacity.
Rena G. Wiseman, David T. Royse, Susan E. Bryson, Lexington, KY, for appellees.
Before THOMPSON, Judge; BUCKINGHAM and HENRY, Senior Judges.
Court of Appeals of Kentucky.
OPINION
THOMPSON, Judge.
In this zoning dispute, the circuit court granted Jill Romero and Andrew Romero summary judgment on the basis that the Romeros' operation of a bed and breakfast was a legal nonconforming-use that could not be prohibited by the Greater Harrodsburg/Mercer County Planning and Zoning Commission. We agree.
In January 2005, the Romeros relocated from California to Harrodsburg, Kentucky, where they purchased property located...
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