ZONING: SPENCER COUNTY PRESERVATION, INC. V. BEACON HILL LLC (COA 1/12/2007)

SPENCER COUNTY PRESERVATION, INC. V. BEACON HILL LLC
ZONING:  Standing
2005-CA-000626
PUBLISHED: AFFIRMING; TAYLOR
DATE RENDERED: 1/12/2007

The Spencer County Fiscal Court approved a zoning amendment. Spencer County Preservation, Inc. (“SCP”), a citizen’s group, filed a complaint in circuit court seeking to appeal the zoning amendment. The circuit court entered an order holding that SCP lacked standing under KRS 100.347(3) and granted summary judgment against SCP. SCP appealed.

The court of appeals affirmed for a different reason. It described the issue before it as whether it is mandatory for a party wishing to appeal an administrative decision under KRS 100.347(3) to allege in its complaint that the party had been injured or aggrieved by the final action of the legislative body. The court stated that because the appeal from an administrative decision is “a matter of grace” and not of right, a party must strictly follow the guidelines. The court held that SCP was required to state specifically in its complaint on appeal under KRS 100.347(3) that it had been “injured or aggrieved” by a final action of the legislative body in order to pursue an appeal in circuit court. Because SCP’s complaint failed to state this necessary information, the court affirmed summary judgment against it.

Digested by Sam Hinkle

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