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CALHOUN v. TALL OAK, LLC

No. 2022-CA-0144-MR.

JIMMY CALHOUN; DAVID ALLEN; DAVID GRAVES; JACQUELINE KEARNS; KERRY KEARNS; MARK ANDERS; PAULA CALHOUN; PAULA DAMRON; ROBERT DAMRON; ROBIN ALLEN; SAUNDRA ANDERS; AND WALT JOURDAN, Appellants, v. TALL OAK, LLC; ALEX CARTER, IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE NICHOLASVILLE CITY COMMISSION AND/OR NICHOLASVILLE BOARD OF COMMISSIONERS; BETTY BLACK, IN HER OFFICIAL CAPACITY AS A MEMBER OF THE NICHOLASVILLE CITY COMMISSION AND/OR NICHOLASVILLE BOARD OF COMMISSIONERS; DOUG BLACKFORD, IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE NICHOLASVILLE CITY COMMISSION AND/OR NICHOLASVILLE BOARD OF COMMISSIONERS; MAYOR PETE SUTHERLAND, IN HIS OFFICIAL CAPACITY; PATTY TEATER, IN HER OFFICIAL CAPACITY AS A MEMBER OF THE NICHOLASVILLE CITY COMMISSION AND/OR NICHOLASVILLE BOARD OF COMMISSIONERS; THE CITY OF NICHOLASVILLE; AND THE NICHOLASVILLE CITY COMMISSION AND/OR THE NICHOLASVILLE BOARD OF COMMISSIONERS, Appellees.

Court of Appeals of Kentucky.

Rendered: March 22, 2024.

Attorney(s) appearing for the Case

T. Bruce Simpson, Jr. , Lexington, Kentucky, Brief for Appellants.

Clifford H. Ashburner , Suzanne M. Marino , Louisville, Kentucky, Brief for Appellees, Nicholasville Board of Commissioners, and The City of Nicholasville.

Bruce E. Smith , Nicholasville, Kentucky, Brief for Appellee Tall Oak, LLC.

BEFORE: ACREE, COMBS, AND ECKERLE, JUDGES.

OPINION

Appellants, who reside adjacent to a former country club in Nicholasville, Kentucky, appeal the Jessamine Circuit Court's December 22, 2021 Order affirming the Nicholasville City Commission's decision to rezone the former country club to allow for residential development. Appellants argue the...

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