ZONING REVIEW: OLDHAM FARMS DEVELOPMENT LLC V. OLDHAM COUNTY PLANNING & ZONING COMM. (COA 6/29/2007)

OLDHAM FARMS DEVELOPMENT LLC  V. OLDHAM COUNTY PLANNING & ZONING COMM.
ZONING:  REVIEW OF ADMINISTRATIVE AGENCY
2006-CA-000079
PUBLISHED: REVERSING AND REMANDING
PANEL: LAMBERT PRESIDING; ACREE AND KELLER CONCUR:
COUNTY: OLDHAM
DATE RENDERED: 6/29/2007

Oldham Farms’s application to subdivide property was denied by the Oldham County Planning and Zoning Commission (“Commission”) after a public hearing, a ruling which the circuit court affirmed. Oldham Farms appealed.

On appeal, the court held that the Commission’s decision was reasonable and not arbitrary or capricious in part because the Commission was presented with substantial evidence in the form of expert testimony that the planned subdivision violated the spirit and intent of Oldham County’s traffic regulations.

The court also held that Oldham Farms’s other complaints regarding issues the circuit court failed to address were not properly preserved for review because under CR 52.04, a party may not be heard to complain on appeal about the absence of a trial court ruling unless the failure to rule was brought to the attention of the trial court in writing.

By Sam Hinkle

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