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DRAKES CREEK v. FRANKLIN-SIMPSON CTY. BD.

NO. 2015-CA-000789-MR, NO. 2015-CA-001234-MR, NO. 2015-CA-001235-MR, NO. 2015-CA-001236-MR.

518 S.W.3d 174 (2017)

DRAKES CREEK HOLDING CO., LLC, Appellants v. FRANKLIN-SIMPSON COUNTY BOARD OF ZONING ADJUSTMENT; and Franklin-Simpson County Planning & Zoning Commission, and Jim Henderson Individually and in His Official Capacity as Judge/Executive of Simpson County, Kentucky, Appellees and Franklin-Simpson County Board of Adjustment, a/k/a Franklin-Simpson County Board of Zoning Adjustment; Joe Perry, Appellants v. Charles W. Deweese; Charles Deweese Construction, Inc.; Penny Deweese; and Drakes Creek Holding Company, LLC, Appellees and David Carver and Ronda Carver, Appellants v. Charles W. Deweese; Charles Deweese Construction, Inc.; Penny Deweese and Drakes Creek Holding Company, LLC, Appellees and David Carver, Ronda Carver, Joe Jones, Josh Jones, Bill Moody, Beverley Sharp, Appellants v. Franklin-Simpson County Board of Zoning Adjustment (also referred to as Franklin-Simpson County Board of Adjustment), Charles W. Deweese and Penny Deweese, Appellees.

Court of Appeals of Kentucky.

March 31, 2017; 10:00 A.M.

Attorney(s) appearing for the Case

BRIEF FOR DRAKES CREEK HOLDING CO., LLC: Stephen K. Heard , Nashville, Tennessee, Adam O. Knight , Brentwood, Tennessee.

BRIEF FOR FRANKLIN/SIMPSON COUNTY BOARD OF ADJUSTMENT AND JOE PERRY, IN HIS OFFICIAL CAPACITY AND AT ORAL: Aaron D. Smith , Bowling Green , Kentucky, John T. Soyars , Hopkinsville, Kentucky.

AT ORAL ARGUMENT FOR DRAKES CREEK HOLDING CO., LLC: Adam O. Knight , Brentwood, Tennessee.

BRIEF FOR CHARLES DEWEESE, ET AL: Buckner Hinkle, Jr. , Lexington, Kentucky, Margaret Ruth Grant , Louisville, Kentucky, Bethany A. Breetz , Timothy D. Crocker , Franklin, Kentucky.

ALSO APPEARED AT ORAL ARGUMENT FOR CHARLES DEWEESE, ET AL: Steven Henderson , Louisville, Kentucky.

BRIEF FOR DAVID CARVER; ALSO APPEARED AT ORAL ARGUMENT: Tim Mefford , Franklin, Kentucky.

AT ORAL ARGUMENT FOR PLANNING AND ZONING COMMISSION AND SIMPSON COUNTY JUDGE EXECUTIVE HENDERSON: Sarah Payne-Jarboe , Bowling Green, Kentucky.

BEFORE: KRAMER, CHIEF JUDGE; D. LAMBERT AND J. LAMBERT, JUDGES.

OPINION

This consolidated opinion resolves several disputes arising from the grant and subsequent revocation of a conditional use permit (CUP) by the Franklin-Simpson County Board of Zoning Adjustment (the Board). After review, we find no reversible error and affirm the Simpson Circuit Court.

I. BACKGROUND...

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