Justia Zoning, Planning & Land Use Opinion Summaries

In 2002, a 208-acre estate in Jessamine County was divided into four parcels. In 2004, the owner of Parcel 2 planned residential development, including a bridge and road extension, which was approved by the Nicholasville Planning Commission (NPC). By 2017, LPW Redevelopment, LLC owned Parcels 2 and 3, sought a zone change, and submitted a development plan, which was approved. Boone Development, LLC purchased Parcel 3 in 2018 and began construction. The NPC required Boone to include the bridge and road extension in a letter of credit, which Boone disputed, leading to this litigation.The Jessamine Circuit Court ruled in favor of Boone, stating the NPC had not made a decision, necessitating a declaratory action. The NPC then issued a Notice of Decision affirming its requirements, which the Board of Adjustment upheld. Boone appealed, and the Jessamine Circuit Court affirmed the Board’s decision, finding the Board’s actions were within its legislative powers, provided due process, and were supported by substantial evidence.The Supreme Court of Kentucky reviewed the case, focusing on the constitutionality of the appeal bond requirement in KRS 100.3471. The Court found the statute unconstitutional, referencing its decision in Bluegrass Trust v. Lexington-Fayette Urban County Government. The Court also addressed the merits of the case, affirming the Jessamine Circuit Court’s decision that Boone was responsible for the bridge and road extension as per the development plan. The Court found no procedural due process violations and determined the Board’s decision was not arbitrary or unreasonable. The Court of Appeals’ dismissal for lack of jurisdiction was reversed, and the Jessamine Circuit Court’s judgment was affirmed. View "RAZ, INC. V. MERCER COUNTY FISCAL COURT" on Justia Law

The case involves the Commonwealth Building, located in the South Hill Historic District in Lexington, Kentucky. Built in the late 1950s, the building was purchased by The Residences at South Hill, LLC in 2017. The Residences sought approval from the Board of Architectural Review (BOAR) to demolish the building and construct a five-story apartment complex. The BOAR approved the demolition, leading to several appeals. The Historic South Hill Neighborhood Association (HSHNA) and Bluegrass Trust for Historic Preservation (Bluegrass Trust) were among the appellants, with Bluegrass Trust arguing that the building contributed to the historic character of the district and could provide economic return if renovated.The Fayette Circuit Court reviewed the case and concluded that the Planning Commission's decision to uphold the BOAR's approval was supported by substantial evidence. The court noted that the Planning Commission had considered various testimonies and evidence, including expert opinions, and found that the Commonwealth Building did not contribute to the historic character of the district. Bluegrass Trust appealed to the Kentucky Court of Appeals but did not post the required appeal bond, arguing financial incapacity. The Court of Appeals dismissed the appeal for lack of jurisdiction due to the failure to post the bond and stated in dictum that it would have affirmed the trial court's decision.The Supreme Court of Kentucky reviewed the case and held that Kentucky Revised Statute (KRS) 100.3471, which mandates an appeal bond in zoning and land use disputes, is unconstitutional. The court found that the statute infringes on the constitutional right of Kentuckians to at least one appeal to the next highest court, as guaranteed by Section 115 of the Kentucky Constitution. Consequently, the court reversed the Court of Appeals' dismissal of the appeal but affirmed the circuit court's decision on the merits, upholding the Planning Commission's approval of the demolition. View "BLUEGRASS TRUST FOR HISTORIC PRESERVATION V. LEXINGTON FAYETTE URBAN COUNTY GOVERNMENT PLANNING COMMISSION" on Justia Law

In 2002, a 208-acre estate in Jessamine County was divided into four parcels. In 2004, the owner of Parcel 2 planned residential development, including a bridge and road extension, which was approved by the Nicholasville Planning Commission (NPC). However, these were not built. LPW Redevelopment, LLC later acquired Parcels 2 and 3, sought a zone change, and submitted a development plan, which included the bridge and road extension. Boone Development, LLC purchased Parcel 3 in 2018 and began construction. The City of Nicholasville then informed Boone it was responsible for the bridge and road extension, which Boone disputed.Boone filed a declaratory action in Jessamine Circuit Court, which ruled in Boone's favor, instructing the NPC to make a decision. The NPC affirmed its letter of credit requirements, including the bridge and road extension. The Board of Adjustment upheld the NPC's decision. Boone appealed, and the Jessamine Circuit Court affirmed the Board's decision, finding the Board's actions were within its legislative powers, provided procedural due process, and were supported by substantial evidence.The Supreme Court of Kentucky reviewed the case, focusing on the constitutionality of the appeal bond requirement in KRS 100.3471. The Court held that the statute imposed an unconstitutional burden on the right to appeal, referencing its contemporaneous decision in Bluegrass Trust v. Lexington-Fayette Urban County Government. The Court reversed the Court of Appeals' dismissal of Boone's appeal for lack of jurisdiction due to the bond issue. On the merits, the Supreme Court affirmed the Jessamine Circuit Court's decision, finding the NPC's requirements for the bridge and road extension were not clearly unreasonable. View "BOONE DEVELOPMENT, LLC V. NICHOLASVILLE BOARD OF ADJUSTMENT" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing a summary judgment granted by the circuit court dismissing the claims brought by Kentucky Concealed Carry Coalition (KC3) alleging that the City of Pikeville, Kentucky and its agents violated Ky. Rev. Stat. 65.870, which generally prohibits the regulation of firearms by local government, holding that KC3 lacked standing to bring this action.KC3, a non-profit Kentucky corporation, alleged that the City's prohibition on firearms within certain City properties constituted unlawful local regulation, in violation of section 65.870. The trial court entered summary judgment in favor of the City and dismissed the complaint. The court of appeals reversed, ruling that the City was not permitted to enforce an informal blanket prohibition on the possession and carrying of firearms upon the properties. The Supreme Court reversed and remanded the matter with instructions to dismiss the action, holding that KC3 failed to establish constitutional standing because it failed to produce sufficient proof of any concrete and particularized injury suffered by its members. View "City of Pikevill v. Ky. Concealed Carry Coalition, Inc." on Justia Law

The Supreme Court reversed the court of appeals' decision reversing the circuit court's order dismissing Property Owners' appeal from the decision of the Kenton County Board of Adjustment granting approval of a conditional use application to allow the operation of a nursery school in a residential zone, holding that Kentucky law requires that a party must claim to be "injured or aggrieved" to perfect an appeal to circuit court under Ky. Rev. Stat. 100.347(1).After the Board unanimously granted the conditional use application Property Owners filed an appeal, alleging that the Board's action was improper because it did not meet certain statutory requirements and the requirements of the Kenton County Zoning Ordinance. The circuit court dismissed the appeal, concluding that Property Owners failed to allege that they were injured or aggrieved by the final action of the Board, and therefore, the court lacked subject matter jurisdiction. The court of appeals reversed, interpreting the "injured or aggrieved" language to be a standing requirement rather than a jurisdiction requirement. The Supreme Court reversed, holding that Property Owners failed to follow the appeal procedures in section 100.347(1) by not claiming in the complaint to be injured or aggrieved, and therefore, the circuit court appeals properly dismissed the action for lack of jurisdiction. View "Kenton County Board of Adjustment v. Meitzen" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court dismissing Appellants’ appeal of a Georgetown-Scott County Planning Commission for lack of jurisdiction. The Planning Commission had approved a plat amendment requested by a developer to remove a planned lake from the development plan applicable to Appellants’ subdivision. Appellants appealed. The circuit court concluded that it lacked jurisdiction over the matter because Appellants had not strictly complied with the provisions of Ky. Rev. Stat. 100.347 by taking their appeal within the statutorily-allotted time period. The court of appeals affirmed. The Supreme Court affirmed, holding that Appellants failed to commence their action before the expiration of the time allotted by section 100.347(2). View "Isaacs v. Caldwell" on Justia Law

Appellants, several individuals, contended that a Robertson County passway was a private drive, and Appellees, Robertson County, the County Fiscal Court, and an individual (collectively, Fiscal Court), argued that the passway was a part of the formal county road system of the County. Appellant asked the Fiscal Court to acknowledge there had never been a formal adoption of the passway into the official county road system, but the Fiscal Court declined. Appellants subsequently filed a complaint in the circuit court seeking a declaratory judgment that the passway was not a lawfully adopted county road. The trial court granted Appellants' motion for summary judgment. The Fiscal Court appealed, arguing that the trial court erred by treating the case as an original action pursuant to the declaratory judgment statute instead of an appeal from an action of the County Fiscal Court. The court of appeals reversed, concluding that Appellants' action could be brought in the circuit court only as an appeal from the decision of the County Fiscal Court. The Supreme Court reversed, holding that because no appealable event occurred under the facts of this case, Appellants properly invoked the declaratory judgment process to challenge the legal status of the passway. View "Whitley v. Robertson County" on Justia Law

At dispute in this case was passway located in Robertson County. Appellants, several individuals, contended that the passway was a private drive, whereas Appellees, Robertson County and one individual, contended that the passway was a county road. Appellants unsuccessfully petitioned the county fiscal court to abandon, or discontinue, the county road system. Appellants then filed a complaint in the circuit court seeking a declaratory judgment that the disputed section was not a lawfully adopted county road. The circuit court treated Appellants' action as a de novo action for declaratory judgment, giving no deference to prior findings of the fiscal court action. The court of appeals reversed, holding that Appellants' action could be brought in the circuit court only as an appeal from a decision of the fiscal court refusing to order the abandonment of the county road, not as a declaratory judgment action. The Supreme Court reversed, holding that Appellants properly invoked the declaratory judgment process of Ky. Rev. Stat. 413.040 to challenge the legal status of the disputed passway and that the action could not be characterized as an appeal from a fiscal court decision because no appealable event had occurred. View "Whitley v. Robertson County" on Justia Law

At issue in this appeal was the question of an agent's authority to bind his or her principal to an arbitration agreement presented with other documents upon the principal's admission to a long-term care facility. Agent in this case was the daughter and executrix of the deceased Principal. Agent brought a claim for negligence against the long-term care facility where Principal spent the last years of her life. Invoking an arbitration agreement executed in conjunction with Principal's admission to the nursing home, Defendants moved the trial court to dismiss the complaint. The trial court denied the motion, holding that Agent, who executed the admissions agreement on behalf of Principal, had no authority to agree to arbitration. The court of appeals reversed, holding that the agreement was enforceable. The Supreme Court reversed, holding that the optional arbitration agreement Agent purported to execute on Principal's behalf was beyond the scope of Agent's authority and was therefore unenforceable. View "Ping v. Beverly Enters., Inc." on Justia Law

The Supreme Court in this case granted review to decide whether the City of Florence violated the Open Meetings Act when it agreed in private discussions to settle a pending lawsuit in a zoning matter when the settlement itself was voted on in an open meeting. The trial court granted summary judgment in favor of the City. The court of appeals affirmed. The Supreme Court affirmed, holding that because the Open Meetings Act specifically allows for private discussions of pending or proposed litigation, the City did not violate the Open Meetings Act, where the final, binding vote on the settlement was conducted at a public meeting. View "Cunningham v. Whalen" on Justia Law