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DAVIS v. BD. OF COM'RS

No. 1997-CA-002209-MR.

995 S.W.2d 404 (1999)

James L. DAVIS and Nancy Davis, Appellants, v. BOARD OF COMMISSIONERS OF THE CITY OF DANVILLE; John W.D. Bowling, Mayor; William Davis, Alex Stevens, Nancy Caudill, and George Cunningham, Members of the Board of Commissioners of the City of Danville; and Mitchell Edward Clark Appellees.

Court of Appeals of Kentucky.

June 25, 1999.

Attorney(s) appearing for the Case

Richard V. Murphy, Lexington, Kentucky, for Appellants.

Edward D. Hays, H. Vincent Pennington, III, Danville, Kentucky, for Board of Commissioners of the City of Danville.

BEFORE: GARDNER, HUDDLESTON, AND SCHRODER, JUDGES.

OPINION

SCHRODER, Judge.

This is an appeal of a circuit court judgment affirming a zone change granted by a city commission without a conceptual development plan. Because the zoning ordinance requires all zone change requests to be accompanied by a conceptual development plan, and the request in question did not, we reverse and remand for an appropriate order voiding the zone change.

Mitchell Edward Clark (Clark) owns 47.513 acres of...

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