Legal Opinion

Greenway Enterprises, Inc. v. City of Frankfort

Court of Appeals of Kentucky

Decided October 8, 2004No. 2003-CA-001169-MRPublishedCited by 5 opinions

1Opinion of the Court

OPINION

SCHRODER, Judge.

Greenway Enterprises, Inc. appeals a summary judgment dismissing their damage claim for delays in providing sewer hookups for its development. We opine that the planning and zoning approval of a preliminary development plan does not create a contract obligating the city to a timetable for the extension of sewer lines to the development, and that in order for city employees to be liable for ministerial duties, there has to be a duty owed to the injured party. Hence, we affirm.

The undeveloped property in question was zoned “Planned Residential” by the Frankfort City…

2Cases cited4 opinions

  1. Yanero v. DavisKentucky Supreme Court · 2001
  2. City of Florence, Kentucky v. ChipmanKentucky Supreme Court · 2001
  3. City of Frankfort v. ByrnsCourt of Appeals of Kentucky · 1991
  4. Kelly v. CookCourt of Appeals of Kentucky · 1995

3Cited by5 opinions

  1. Rowan County v. SloasKentucky Supreme Court · 2006
  2. Kentucky Bluegrass Experience Resort v. Woodford County Board of AdjustmentsCourt of Appeals of Kentucky · 2025
  3. Mark Edward Portwood v. Dowell Hoskins-SquierCourt of Appeals of Kentucky · 2024
  4. Rowan County v. SloasKentucky Supreme Court · 2006
  5. South Elkhorn Village, LLC v. City of Georgetown, et al.District Court, E.D. Kentucky · 2026

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