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FRANKLIN-SIMPSON CTY. v. DRAKES CREEK

No. 2017-CA-001655-MR.

603 S.W.3d 687 (2020)

FRANKLIN-SIMPSON COUNTY BOARD OF ZONING ADJUSTMENT, Appellant v. DRAKES CREEK HOLDING CO., LLC, Appellee.

Court of Appeals of Kentucky.

May 8, 2020; 10:00 A.M.

Attorney(s) appearing for the Case

BRIEFS FOR APPELLANT: Aaron D. Smith , Bowling Green, Kentucky.

BRIEF FOR APPELLEE: Elizabeth Teel , Russellville, Kentucky.

BEFORE: ACREE, DIXON, AND MAZE, JUDGES.

OPINION

The Franklin-Simpson County Board of Zoning Adjustment (the Board) appeals the Simpson Circuit Court's order denying summary judgment and denying a grant of governmental immunity in favor of Appellee, Drakes Creek Holding Co., LLC (Drakes Creek). We reverse and remand with instructions to dismiss Drakes Creek's claims...

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