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BOONE CREEK v. LEXINGTON-FAYETTE URBAN CO.

No. 2014-SC-000091-I.

442 S.W.3d 36 (2014)

BOONE CREEK PROPERTIES, LLC, Movant v. LEXINGTON-FAYETTE URBAN COUNTY BOARD OF ADJUSTMENT and its Members: Barry Stumbo, Kathryn Moore, Thomas Glover, Janice Meyer, James Griggs, Noel White and Joseph Smith; Boone Creek Neighborhood Association, Inc.; and Old Richmond Road, Inc., Respondents.

Supreme Court of Kentucky.

September 18, 2014.

Attorney(s) appearing for the Case

John B. Park , Lexington, KY, Counsel for Movant.

Tracy Webb Jones , Counsel for Respondents, Lexington-Fayette Urban County Board of Adjustment and its Members, Barry Stumbo, Kathryn Moore, Thomas Glover, Janice Meyer, James Griggs, Noel White, and Joseph Smith; Boone Creek Neighborhood Association, Inc.; and Old Richmond Road, Inc.

Opinion of the Court by Justice VENTERS.

In an action pending in the Fayette Circuit Court, the Lexington-Fayette Urban County Government Board of Adjustment (the Board) moved under CR 65.04 for a temporary injunction to enjoin Boone Creek Properties, Inc. (Boone Creek) from operating certain commercial recreational activities on land in southern Fayette County. The circuit court granted the motion and issued a temporary injunction, based upon its finding that the...

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