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COMMONWEALTH DEVELOPMENT COMPANY, LLC v. LEXINGTON-FAYETTE URBAN COUNTY PLANNING COMMISSION

No. 2012-CA-001345-MR.

COMMONWEALTH DEVELOPMENT COMPANY, LLC, Appellant, v. LEXINGTON-FAYETTE URBAN COUNTY PLANNING COMMISSION, Appellee.

Court of Appeals of Kentucky.

Rendered: September 20, 2013.

Attorney(s) appearing for the Case

K. Brad Oakley , Lexington, Kentucky, BRIEFS FOR APPELLANT.

Tracy W. Jones , Edward W. Gardner , Lexington, Kentucky, BRIEF FOR APPELLEE.

BEFORE: CAPERTON, DIXON AND STUMBO, JUDGES.

NOT TO BE PUBLISHED

OPINION

DIXON, JUDGE.

Appellant, Commonwealth Development Company, LLC ("CDC"), appeals from an order of the Fayette Circuit Court granting summary judgment in favor of Appellee, the Lexington-Fayette Urban County Planning Commission ("Commission"). For the reasons set forth herein, we reverse and remand the matter for further proceedings in accordance with this opinion.

In October 2000, CDC acquired ownership of 12...

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