HUME v. FRANKLIN COUNTY FISCAL COURT

Nos. 2006-SC-000499-DG, 2006-SC-000091-DG.

276 S.W.3d 748 (2008)

Alice South HUME, et al., Appellants, v. FRANKLIN COUNTY FISCAL COURT, et al., Appellees. and Lewis Bizzack, et al., Cross-Appellants, v. Alice South Hume, et al., Cross-Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing February 19, 2009.


Attorney(s) appearing for the Case

Richard V. Murphy, Lexington, KY, W. Henry Graddy, IV, W.H. Graddy & Associates, Midway, KY, Counsel for Appellants.

Anthony Joseph Phelps, Stoll, Kennon & Park, LLP, Lexington, KY, Edward F. Busch, Conliffe, Sandmann & Sullivan, Louisville, KY, Paul C. Harnice, Stoll, Kennon & Park, LLP, Frankfort, KY, Rena Gardner Wiseman, Stoll, Kennon & Park, LLP, Lexington, KY, Richard M. Sullivan, Conliffe, Sandmann & Sullivan, Louisville, KY, Ricky Eugene Sparks, Franklin County Attorney, Frankfort, KY, Scott Alan Johnson, Conliffe, Sandmann & Sullivan, Louisville, KY, William M. Lear, Jr., Stoll, Kennon & Park, LLP, Lexington, KY, Counsel for Appellees.


Opinion of the Court by Justice SCHRODER.

This is a consolidated appeal of a planning and zoning case which attempts to apply the doctrine of res judicata to an application for a zone map amendment. We opine that res judicata is a judicial concept and has no application to a zoning map amendment, which involves a legislative function.

Gary, John, and Lewis Bizzack (Property Owners) own a 10.31 acre tract (the Bizzack's tract) in Franklin County, Kentucky,...

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