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LEGRAND v. EWBANK

No. 2007-CA-001770-MR.

284 S.W.3d 142 (2008)

William LEGRAND; Elsie Ewbank; Virginia Ewbank; and Kathy Cook, Appellants, v. Robert EWBANK; Winslow Baker, In His Official Capacity as Gallatin County Zoning Enforcement Officer and Zoning Administrator; and Nugent Sand Company, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court June 17, 2009.

Attorney(s) appearing for the Case

Thomas J. Fitzgerald, Frankfort, KY, for appellants.

George L. Seay, Jr., Lesly A.R. Davis, Lexington, KY, Jean W. Bird, Louisville, KY, for appellee.

Before: THOMPSON and VANMETER, Judges; HENRY, Senior Judge.

OPINION

THOMPSON, Judge.

This is an appeal from an order of the Gallatin Circuit Court that affirmed a ruling by the Gallatin Board of Adjustments (Board) that Nugent Sand Company had nonconforming-use rights to conduct sand and gravel mining operations on all lands it owned that were under permit at the time Gallatin County adopted comprehensive planning and zoning provisions. Under the provisions, the property owned by Nugent was zoned R1-A, designated...

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