Nicholasville Road Neighborhood Consortium Inc. v. Lexington-Fayette Urban County Government

OPINION

McANULTY, Judge.

This is an appeal from a Fayette Circuit Court order affirming the decision of the Lexington-Fayette Urban County Council (“Council”) which approved the rezoning of five lots from the existing two-family residential (R-2) zone to a planned neighborhood residential (R-3) zone. Appellants assert, among other things, that because the Council failed to act within the ninety-day time period imposed by KRS 100.211(7) the Planning Commission’s recommendation to disapprove was adopted by operation of statutory law. In light of the recent Supreme Court decision in Evangelical…