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SEBASTIAN-VOOR PROPS., LLC v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT

No. 2006-SC-000732-DG.

265 S.W.3d 190 (2008)

SEBASTIAN-VOOR PROPERTIES, LLC; Sebastian Properties II, LLC; and Don Sebastian, Appellants v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Lexington-Fayette Urban County Planning Commission; Don Robinson (In his Official Capacity as the Chairperson of the Lexington-Fayette Urban County Planning Commission); Lyle Aten (In his Official Capacity as a Member of the Lexington-Fayette Urban County Planning Commission); Dr. Thomas M. Cooper (In his Official Capacity as a Member of the Lexington-Fayette Urban County Planning Commission); Neill Day (In His Official Capacity as a Member of the Lexington-Fayette Urban County Planning Commission); Linda R. Godfrey (In her Official Capacity as a Member of the Lexington-Fayette Urban County Planning Commission); Dallam B. Harper, Jr. (In his Official Capacity as a Member of the Lexington-Fayette Urban County Planning Commission); Steve Kay (In his Official Capacity as a Member of the Lexington-Fayette Urban County Planning Commission); Keith E. Mays (In his Official Capacity as a Member of the Lexington-Fayette Urban County Planning Commission); Frank Penn, Jr. (In his Official Capacity as a Member of the Lexington-Fayette Urban County Planning Commission); Randall Vaughn (In his Official Capacity as a Member of the Lexington-Fayette Urban County Planning Commission); and Joan Z. Whitman (In her Official Capacity as a Member of the Lexington-Fayette Urban County Planning Commission), Appellees.

Supreme Court of Kentucky.

September 18, 2008.

Attorney(s) appearing for the Case

Thomas Bruce Simpson Jr., McBrayer, McGinnis, Leslie & Kirkland, Lexington, KY, Counsel for Appellants.

Leslye Mercer Bowman, Director of Litigation, Edward Wayne Gardner, Andrea Lynne Weddle, Lexington-Fayette Urban County Government, Department of Law, Lexington, KY, Counsel for Appellees.

MEMORANDUM OPINION OF THE COURT

This planning and zoning case involves the interaction between zoning regulations, subdivision regulations, preliminary subdivision plans or plats, final plats, and private property rights. The main issue before us is whether a governmental entity, which previously improperly permitted development of a subdivision in a manner contrary to applicable zoning statutes and regulations, is now equitably estopped from denying further improper...

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