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NASH v. CAMPBELL COUNTY FISCAL COURT

No. 2009-SC-000152-DG.

345 S.W.3d 811 (2011)

Paul NASH, et al., Appellants, v. CAMPBELL COUNTY FISCAL COURT, et al., Appellees.

Supreme Court of Kentucky.

Rehearing and Modification Denied August 25, 2011.

Attorney(s) appearing for the Case

Robert Edward Blau, Blau & Kriege, PLLC, Cold Spring, KY, Counsel for Appellants.

Jeffrey C. Mando, Adams, Stepner, Woltermann & Dusing, PLLC, Covington, KY, Counsel for Appellees Campbell County Fiscal Court, the Campbell County Planning and Zoning Commission and/or Review Board, Dave Otto (Campbell County Commissioner), Ken Rechtin (Campbell County Commissioner), Peter J. Klear (Campbell County Planning and Zoning Commission Director), and Stephen Pendery (Judge Executive).

Ralph Gary Winters, Michael P. Cussen, McCaslin, Imbus & McCaslin, Cincinnati, OH, Counsel for Appellee Jack Snodgrass (Campbell County Clerk).

Opinion of the Court by Justice SCHRODER.

The appeals in the Court of Appeals were consolidated and an opinion was issued which revisits the "agricultural supremacy clause," the exemption of certain agricultural land from zoning and subdivision regulations under Chapter 100 of the Kentucky Revised Statutes. We accepted discretionary review to give some guidance in applying the agricultural exemption to both the use and the division of land.

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