Berkelbaugh v. Green

Clarke, Presiding Justice.

In this zoning variance case, the trial court declared a portion of the Fayette County zoning ordinance unconstitutional, saying that it impermissibly granted legislative authority to the County Board of Zoning Appeals. The action came before the trial court after the Greens filed suit complaining the Board acted arbitrarily and capriciously in denying their applications for variances.

In this appeal, the county and the Board of Zoning Appeals contend the trial court erred in holding the ordinance unconstitutional and in requiring the members of the zoning board of…