Zoning: HILLTOP BASIC RESOURCES, INC. V. COUNTY OF BOONE, KY (COA; 4/14/2006)

HILLTOP BASIC RESOURCES, INC. V. COUNTY OF BOONE, KY
ZONING – Due Process and impartiality
2002-CA-001081
PUBLISHED
AFFIRMING (COMBS)
DATE: Apr. 14, 2006

The Kentucky Supreme Court held that impartiality is more relaxed and informal in administrative contexts. Because there was nothing in the record to indicate that the Fiscal Court did not seriously consider Hilltop’s proposal, it concluded that due process had been afforded and reversed and remanded the case to the court of appeals for consideration of Hilltop’s other arguments.

On remand, the Court of Appeals affirmed the judgment of the Circuit Court under the standard announced by the Supreme Court, holding that the Fiscal Court’s denial of Hilltop’s application for a zoning map amendment was adequately supported by the evidence.

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