City of Paducah v. Johnson

GARDNER, Commissioner.

Appellee operated a junk yard prior to the lot’s being annexed by the City of Pad-ucah and prior to the enactment of a zoning ordinance, which had the effect of making appellee’s junk yard a nonconform*448ing use. Subsequently the city enacted an ordinance which provided:

“Section 40.023 Amortization of Nonconforming Junk Yards

The nonconforming use of junk yards shall be discontinued within two (2) years from the effective date hereof.”

By summary judgment the trial court declared the amortization ordinance invalid as conflicting with KRS 100.253(1) and enjoined the…